Court of Appeals for the Fourth Circuit July 9, 2012, 11-1324 (Sharon Burnette v. Helen Fahey)

GREGORY, Circuit Judge,

dissenting:

The Court adheres today to a rigidly formalistic view of the Due Process Clause that provides no real protection for the well-established liberty interest Virginia inmates have in parole consideration. For this reason, I respectfully dissent.

I.

The majority and I are in agreement on several points. There is no independent due process right to parole, e.g.