United States District Court, M.D. Pennsylvania
WILLIAM J. NEALON, District Judge.
Petitioner, Ronald Richard Smith, an inmate presently incarcerated at the United States Penitentiary, Terre Haute, Indiana, filed the above captioned petition for writ of habeas corpus pursuant to 28 U.S.C. §2241. He challenges the timeliness of a revocation hearing the United States Parole Commission provided him on a detainer placed against him on January 5, 2012. (Doc. 1, petition). The petition is ripe for disposition. For the reasons set forth below the petition will be denied.
On July 19, 1982, Smith was sentenced in the United States District Court for the Eastern District of Pennsylvania to an eighteen (18) year term of imprisonment for bank robbery and escape. (Doc. 13-1 at 4, sentence monitoring computation data).
On May 26, 1989, Smith was paroled from his sentence by the U.S. Parole Commission, and was to remain under parole supervision until May 27, 2000. (Doc. 13-1 at 18).
On or about July 15, 1992, Smith was again arrested for Bank Robbery and Escape, following a high speed chase and collision while fleeing from the Philadelphia Savings Fund Bank. (Doc. 13-1 at 7, Sentence Monitoring Computation Data).
On July 31, 1992, the Commission issued a warrant charging Petitioner with violating the conditions of parole by committing an armed bank robbery. (Doc. 13-1 at 18, Federal Institution Revocation Prehearing Assessment).
On August 20, 1993, the Commission's warrant was placed as a detainer at the United States Penitentiary Leavenworth, where Smith was incarcerated. Id.
On October 6, 1993, the Commission supplemented its detainer warrant with information that on March 11, 1993, Petitioner was found guilty of bank robbery in the United States District Court for the Eastern District of Pennsylvania, and sentenced to 146 months imprisonment. Id.
On March 14, 2003, upon completion of the service of his 146 month sentence, the Commission warrant was executed. Id.
On July 10, 2003, the Commission conducted a parole revocation hearing. Id . The Commission ordered Petitioner's parole revoked, and that he receive no credit for time spent on parole ("street time") (i.e., the period from the date of his release on parole, May 26, 1989, to the date of execution of the Commission's warrant, March 14, 2003). Id.
On August 15, 2003, Petitioner was reparoled and to remain under parole supervision until March 13, 2014. (Doc. 13-1 at 21, Certificate of Parole).
On June 5, 2006, the Commission issued a parole violation warrant charging petitioner with violating the conditions of parole by committing a bank ...