28 C.F.R. § 2.74

Decision of the Commission

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(a) Following each initial or subsequent hearing, the Commission shall render a decision granting or denying parole, and shall provide the prisoner with a notice of action that includes an explanation of the reasons for the decision. The decision shall ordinarily be issued within 21 days of the hearing, excluding weekends and holidays.

(b) Whenever a decision is rendered within the applicable guideline established in this subpart, it will be deemed a sufficient explanation of the Commission's decision for the notice of action to set forth how the guideline was calculated. If the decision is a departure from the guidelines, the notice of action shall include the reasons for such departure.

(c) All decisions may be made by one Commissioner, except that if the Commissioner does not concur with a panel recommendation, the case shall be referred to another Commissioner for a vote and the decision shall be based on the concurring votes of two Commissioners.

[65 FR 45888, July 26, 2000, as amended at 69 FR 68792, Nov. 26, 2004; 74 FR 28605, June 17, 2009; 75 FR 9519, Mar. 3, 2010; 81 FR 13975, Mar. 16, 2016; 83 FR 58500, Nov. 20, 2018]

Notes of Decisions

Cited in 7 cases, 2001–2018 · leading case: Jesse Redmond v. Isaac Fulwood, Jr., 859 F.3d 11 (D.C. Cir. 2017).

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Jesse Redmond v. Isaac Fulwood, Jr., 859 F.3d 11 (D.C. Cir. 2017). “See 28 C.F.R. § 2.74 (b) (Commission may depart from the guidelines recommendation).”

Thompson v. Veach, 501 F.3d 832 (7th Cir. 2007). “” See 28 C.F.R. § 2.74 . On December 1, 2005, the USPC did just that.”

Bennett v. United States, 763 A.2d 1117 (D.C. 2001). “See 28 C.F.R. § 2.74 (c) (with respect to District of Columbia inmates, “[Relevant issues of fact shall be resolved by the Commission in accordance with § 2.”

Daniel v. Smoot, 287 F. Supp. 3d 74 (D.C. Cir. 2018). · cites it 2× “28 C.F.R. § 2.74 (a), (c). "[O]rdinarily" within 21 days of the hearing, the Commission is required to issue a written "notice of action" that contains the Commission's decision and "an explanation of the reasons for the decision.”

Aaron Lee v. Hector Rios, Jr., 360 F. App'x 625 (6th Cir. 2010). · cites it 6× “) In his reply brief, Petitioner argued that the Commission illegally extended his incarceration for more than one year by not obtaining the votes of three commissioners as mandated by 28 C.F.R. § 2.74 (c). Petitioner also contended that this defect deprived the Commission of…”

Daniel v. Fulwood (D.D.C. 2018). “28 C.F.R. § 2.74 (a), (c). “[O]rdinarily” within 21 days of the hearing, the Commission is required to issue a written “notice of action” that 6 contains the Commission’s decision and “an explanation of the reasons for the decision.”

Thompson, Joseph v. Veach, Rick (7th Cir. 2007). “” See 28 C.F.R. § 2.74 . On December 1, 2005, the USPC did just that.”

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