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Appeal from the Superior Court of the District of Columbia Criminal Division Hon. Ronald P. Wertheim, Trial Judge

Submitted February 27, 2001

Arthur Mason began serving consecutive sentences of three to nine years for kidnapping, see D.C. Code � 22-2101(1996 Repl.), and thirty to ninety days for theft, see D.C. Code � 22-3812(b) (1996 Repl.), on July 1, 1996. When he first became eligible for parole, the United States Parole Commission denied his request for release and set a rehearing date for January, 2004, five years after his initial eligibility, and far in excess of the eighteen to twenty-four month interval between hearings recommended by the Commission’s guidelines. See 28 C.F.R. � 2.80 (j) (1999). *fn1 The Commission justified its departure with a recitation of the violent circumstances surrounding Mason’s crimes. Alleging that the Commission may not base its decision to depart from the guidelines on factors explicitly considered within them, Mason filed a petition for a writ of habeas corpus with the Superior Court, which was denied. Finding no error, we affirm.

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