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Miller v. Pennsylvania Board of Probation and Parole

July 12, 2010

SEAN MILLER, PETITIONER
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, ET AL., RESPONDENTS



The opinion of the court was delivered by: Malcolm Muir United States District Judge

(Complaint Filed 03/25/10)

(Judge Muir)

MEMORANDUM AND ORDER

Sean Miller, an inmate confined at the State Correctional Institution, Frackville ("SCI-Frackville"), Pennsylvania, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). Miller challenges a decision by the Pennsylvania Board of Probation and Parole ("the Board") to recalculate his parole maximum date, and deny him credit for the time he spent in pre-sentence confinement on new criminal charges. The petition is ripe for disposition. For the reasons that follow, the petition will be denied.

Background

On September 9, 2002, Miller was sentenced to a term of 1 year, 6 months to 5 years imprisonment for committing the crime of Possession with Intent to Deliver a Controlled Substance. (Doc. 11, Ex. A, Att. 1, Sentence Status Summary). His original controlling minimum sentence was April 3, 2003 and his original controlling maximum sentence was October 3, 2006. Id.

On June 1, 2004, the Board granted Miller parole and Miller was released to the Allentown Community Corrections Center. (Doc. 11, Ex. A, Att. 2, Order to Release on Parole and Att. 3, Supervision History).

On January 4, 2006, while on parole, Miller was arrested in the State of New York on drug charges. (Doc. 11, Ex. A, Att. 3, Supervision History).

On June 13, 2006, Miller was convicted of the crime of Possession of a Controlled Substance in the 4th Degree and sentenced to a determinate sentence of 31/2 years of incarceration with 2 years of post release supervision. (Doc. 11, Ex. A, Att 4, Amended Uniform Sentence & Commitment). Miller was then committed to the custody of the New York State Department of Correctional Services to serve his sentence. Id.

On June 27, 2008, upon the completion of his New York state sentence, Miller was returned to the Pennsylvania Department of Corrections ("DOC"). (Doc. 11, Ex. A, Att. 5, DOC Moves Report).

On July 29, 2008, the Board held a combined violation/revocation hearing for Miller at SCI-Frackville, where he was represented by counsel and the Board's Agent provided evidence of his violation of the conditions of his parole and his New York conviction while on parole. (Doc. 11, Ex. A, Att. 6, Hearing Transcript).

By Notice of Board Decision mailed September 18, 2008, the Board found the following:

As recorded on September 12, 2008, the Board of Probation and Parole rendered the following decision in your case: Recommit to a state correctional institution as a technical parole violator to serve 6 months backtime, and as a convicted parole violator to serve 18 months concurrently, for a total of 18 months backtime. -- 6 months for violation of condition #1, leaving the district without permission, Evidence relied on: your admission.

Reasons: violations established. Declared delinquent by the Board. -- 18 months for the offense of Possession of a Controlled Substance

Evidence relied on: certified copy of court record proving conviction. Your ...


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