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BONO v. BENOV

No. 98-55895.

197 F.3d 409 (1999)

Victor BONO, Petitioner-Appellee, v. Michael BENOV, Warden, United States Parole Commission, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 1999.

Attorney(s) appearing for the Case

Edward P. Lazarus, Assistant United States Attorney, Los Angeles, California, for the respondent-appellant.

Charles D. Weisselberg, Scott Fleming (Law Student), Center for Clinical Education, University of California, Boalt Hall, Berkeley, California, for the petitioner-appellee.

Before: BROWNING, THOMAS, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

The government appeals the district court's order granting Victor Bono ("Bono") a writ of habeas corpus and ordering Bono's forthwith release from custody. The district court ruled that the United States Parole Commission acted with presumed vindictiveness when it changed Bono's presumptive parole date from July 17, 1997 to July 17, 2009. The government asserts that the presumption of vindictiveness should not apply and even if it does, that...

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