UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

LEMAN L. HUTCHINSON, JR.,
Petitioner-Appellant,	No. 97-3170
v.	(D.C. No. 94-3274- RDR )
WILLIE SCOTT, Warden; U. S. PAROLE COMMISSION,	(D. Kansas)
Respondents-Appellees.

ORDER AND JUDGMENT *

Before BALDOCK , McKAY , and LUCERO, Circuit Judges.

After examining Petitioner-Appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner is a military inmate now incarcerated by the Bureau of Prisons at the United States Medical Center for Federal Prisoners at Springfield, Missouri. Petitioner filed a petition for habeas corpus relief pursuant to 28 U.S.C. § 2241 claiming that the United States Parole Commission abused its discretion and acted arbitrarily and capriciously at hearings conducted in February 1994 and February 1996 by denying him release on parole. He appeals the order of the United Stated District Court for the District of Kansas denying his section 2241 habeas corpus petition and dismissing the action.

Although not clearly required to appeal a denial of habeas corpus relief under 28 U.S.C. § 2241, we grant Petitioner a certificate of appealability. However, we affirm on the merits for the reasons given by the district court in its Memorandum and Order filed May 20, 1997.

AFFIRMED.

Entered for the Court

Monroe G. McKay

Circuit Judge