Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PARSON v. EDWARDS

November 16, 1988

RICHARD R. PARSON, Petitioner,
v.
CALVIN EDWARDS, Warden, et al., Respondents



The opinion of the court was delivered by: NEALON

 WILLIAM J. NEALON, CHIEF JUDGE.

 Currently before the court are petitioner's petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 challenging his parole revocation by the U.S. Parole Commission (Commission), see document 1 of record, and petitioner's motion requesting the court to order respondents to return him to a federal prison within the Middle District of Pennsylvania. See document 57 of record. For the reasons that follow, the petition for a writ of habeas corpus will be denied and petitioner's motion for transfer will be dismissed as moot.

 I. Background

 A. Factual History

 There are numerous dates and places surrounding the parole revocation which petitioner challenges. Therefore, a brief chronology of the events leading up to the filing of the instant petition is necessary.

 Petitioner was paroled on April 19, 1982. On April 28, 1982, United States Probation Officer Robert Storey authorized petitioner to travel from California to Belleville, Illinois for the purpose of relocation. See document 61, Exhibit 2.

 On May 25, 1982, the Commission issued a warrant charging petitioner with a violation of the conditions of his parole based upon information the Commission had received that he had left Belleville, Illinois without leaving a forwarding address and his failure to submit a monthly supervision report for the month of April, 1982.

 Petitioner was arrested on the parole violator warrant on May 30, 1982 in Hoguiam, Washington. Police located petitioner when they spotted a vehicle with which petitioner had been associated. Upon examining the vehicle, the police observed a firearm in plain view on the floor of vehicle. The police removed the firearm and placed the vehicle under surveillance. Petitioner was arrested when he came to retrieve the vehicle. See document 61, Exhibit 5.

 The Commission issued a supplemental warrant on June 4, 1982, charging petitioner with leaving his district of supervision without permission and with possession of a firearm. See document 61, Exhibit 6. Petitioner received his preliminary hearing on June 25, 1982, after which the hearing officer recommended a finding of probable cause as to the charges of failure to report a change of residence, leaving the district without permission, and possession of a firearm. On July 15, 1982, the Commission informed petitioner that it had found probable cause to believe he had violated the conditions of his parole and ordered a revocation hearing in his case. See document 61, Exhibit 10.

 Petitioner's parole revocation hearing was held on September 1, 1982. See document 61, Exhibit 11. Petitioner was represented by counsel at the hearing and was allowed to call his girlfriend, Jelayne Banks, as a voluntary witness. In addition, United States Probation Officer Lucy Christy appeared as an adverse witness on behalf of Officer Storey. See id.

 The Commission found that petitioner had violated the conditions of his parole on the charges of failure to report a change of address, leaving the district without permission, and possession of a firearm. They recommended that petitioner's parole be revoked.

 The recommendation was adopted by the Regional Commissioner, and petitioner was informed by a notice dated September 24, 1982 that his parole was revoked, and that he would receive credit only for the time spent on parole from the date of release to the date he absconded. The Commission ordered that he serve sixty months. This decision was affirmed on appeal.

 B. Procedural History

 On August 26, 1987, petitioner, currently incarcerated at U.S.P.-Lompoc, California, filed an "Emergency Ex Parte Application for Writ of Habeas Corpus". See document 1 of record. The court was unable to determine from the petition itself whether petitioner had exhausted any of the five claims he presented. Therefore, the court directed petitioner to file additional pleadings demonstrating exhaustion of administrative remedies for each of the five claims. See document 16 of record.

 From petitioner's subsequent submissions, see documents 31 and 33 of record, the court concluded that the petitioner had exhausted his administrative remedies with respect to his parole revocation and directed petitioner, by Order dated June 14, 1988, to submit an amended petition for writ of habeas corpus, setting forth with specificity each ground ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.