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Freeman v. Pennsylvania Board of Probation and Parole

United States District Court, W.D. Pennsylvania

December 2, 2014

KENDALL FREEMAN, AJ-1805, Petitioner,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE,

REPORT & RECOMMENDATION

ROBERT C. MITCHELL, Magistrate Judge.

I. Recommendation:

It is respectfully recommended that the petition of Kendall Freeman for a writ of habeas corpus be dismissed, and because reasonable jurists could not conclude that a basis for appeal exists, that a certificate of appealability be denied.

II. Report:

Kendall Freeman, an inmate at the State Correctional Institution-Greene has presented a petition for a writ of habeas corpus. On April 25, 1988, petitioner was sentenced to an eight to twenty-one year period of incarceration by the Court of Common Pleas of Allegheny County, Pennsylvania with a maximum release date of October 8, 2008.[1] In his petition here Freeman contends that following his release on parole and reincarceration on four separate occasions, he remains incarcerated due to the erroneous calculation of his maximum sentence expiration date which he contends should expire in March 2015 while the Board of Probation and Parole ("the Board") has recalculated his maximum sentence expiration date to be September 12, 2017.[2]

In response to the petition, the Commonwealth has submitted the declaration of Kimberly Barkley, the Board Secretary.[3] Due to the complex chronology arising from petitioner's frequent paroles and criminal convictions, we insert portions of Ms. Barkley's declaration which is Exhibit A to the answer:

4. As Board Secretary, I act as the Board's custodian of records, and I direct the recording of all official Board decisions as well as the maintenance of all official Board files.
5. Upon request of counsel, I reviewed the records of Mr. Freeman in reference to his current habeas corpus petition.
6. On April 25, 1988, Kendall Freeman ("Freeman") was sentenced to a total sentence of 8 years to 21 years of incarceration for committing the crimes of Burglary, Theft (2 counts) and Receiving Stolen Property. (Attachment #1).
7. Freeman's controlling minimum sentence date at institution number AJ-1805 expired on October 18, 1995 and his original controlling maximum sentence expired on October 18, 2008. (Attachment #1).
8. On July 25, 1996, Freeman was released on parole. (Attachment #2).
9. By a decision mailed May 14, 1999, the Board recommitted Freeman as a technical parole violator for violating multiple conditions of his parole. (Attachment #3).
10. By a decision mailed February 25, 2000, the Board subsequently recommitted Freeman as a convicted parole violator to serve 3 months backtime for committing the offense of Possession of a Small Amount of a Controlled Substance. (Attachment #4).
11. Also by the Board's decision mailed February 25, 2000, the Board recalculated Freeman's maximum sentence date to ...

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