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GORDON v. BOARD OF PAROLE

A141088.

267 P.3d 188 (2011)

246 Or. App. 600

Dennis Leroy GORDON, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Harrison Latto, Portland, argued the cause and filed the brief for petitioner.

Carolyn Alexander, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Petitioner seeks judicial review of a Board of Parole and Post Prison Supervision order that, on remand from the Supreme Court, deferred his release date from August 1999 to August 2001. The Supreme Court had held that the board had inconsistently applied a 1984 administrative rule to petitioner rather than the 1988 administrative rule. The court remanded for the board to provide a rationale for that inconsistency. Gordon v.

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