Philip Weinstein v. United States Parole Commission, Harvey Cox, Warden

Philip Weinstein (“Weinstein”) appeals pro se the district court’s dismissal of his second petition for habeas corpus relief from the Parole Commission’s decision to deny parole. Weinstein contends that the district court erred in finding that he had failed to exhaust his administrative remedies. In addition, Weinstein asks us to find as a matter of law that (1) the Parole Commission’s decision to reopen his ease following his successful habeas corpus petition violated 28 C.F.R. § 2.28 because there was no “new information” to consider; and (2) that the Parole Commission’s decision to set a release date outside of the guideline range, based on Weinstein’s role as a leader in the criminal activity, violated due process by raising a question of vindictiveness.

The district court had jurisdiction pursuant to 28 U.S.C. § 2241 to review a claim by a federal prisoner challenging a decision of the United States Parole Commission. This panel has jurisdiction pursuant to 28 U.S.C. § 1291 providing jurisdiction of appeals from final decisions of the district court. We reverse and remand.

I

Weinstein was convicted on February 18, 1983 on six counts of mail and wire fraud and one count of…