Opinion
No. 127, Docket 76-2118.
Argued September 16, 1977.
Decided January 12, 1978.
F. Timothy McNamara, Hartford, Conn., for petitioner-appellant.
Raymond L. Sweigart, Asst. U.S. Atty., District of Connecticut, New Haven, Conn. (Richard Blumenthal, U.S. Atty., District of Connecticut, and Peter J. Ponziani, Law Student Intern, New Haven, Conn., of counsel), for respondents-appellees.
Appeal from the United States District Court for the District of Connecticut.
We have had difficulty in reaching a consensus on the following issue: whether the failure to notify a federal prisoner of the reasons why the Regional Director seeks to annual a favorable parole decision of a local panel is a denial of due process when the central assumption would involve a disputed question of fact on which the prisoner could not be heard until after the review by the National Directors is made and its decision rendered.
In the meantime, the local panel has again held that the appellant should be released, and this time there has been no appeal from its recommendation. Since the matter has become moot, we dismiss the appeal. See Weinstein v. Bradford, 423 U.S. 147, 96 S.Ct. 347, 46 L.Ed.2d 350 (1975) ( per curiam); Holup v. Gates, 544 F.2d 82, 84 (2d Cir. 1976).