Attorneys for jailed American Indian activist Leonard Peltier told a federal appeals court Friday the government is denying him a parole hearing on the unproven claim that he ambushed two FBI agents before gunning them down 28 years ago.
Peltier, 59, will have been in prison twice as long as required by federal guidelines if no hearing is held until 2008 as decreed by the U.S. Parole Commission, attorney Barry Bachrach said.
The commission departed from federal parole guidelines in 1996 after concluding Peltier fired the fatal shots during a 1975 gun battle on South Dakota's Pine Ridge Indian Reservation -- even though that was never proven in court, he said.
"The decision must be reversed if the facts are incorrect and unsupported by the record," Bachrach told a three-judge panel of the 10th U.S. Circuit Court of Appeals.
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