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DePolito v. Pennsylvania Board of Probation & Parole

United States District Court, M.D. Pennsylvania

February 2, 2017

THOMAS DePOLITO, Petitioner
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE Respondent

          MEMORANDUM

          William J. Nealon United States District Judge.

         Thomas DePolito, an inmate formerly confined[1] at the State Correctional Institution, Dallas (“SCI-Dallas”), Pennsylvania, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). DePolito challenges a decision by the Pennsylvania Board of Probation and Parole (“the Board”) to recalculate his parole maximum date. The petition is ripe for disposition. For the reasons that follow, the petition will be dismissed.

         Background

         On April 27, 1989, after being found guilty of Aggravated Assault, Firearm not to be Carried without a License and Possession of a Controlled Substance, the Court of Common Pleas of Pike County sentenced DePolito to a 12 year, 6 month, to 25 year term of incarceration. (Doc. 6-1 at 2, Sentence Status Summary). The original minimum and maximum dates for this sentence were March 1, 2001 and August 26, 2013, respectively. Id.

         On July 16, 2003, the Board paroled DePolito from this sentence to an approved home plan with his brother in North Lauderdale, Florida. (Doc. 6-1 at 6, Order to Release on Parole/Reparole).

         On September 25, 2007, Depolito was arrested and charged with the crime of Grand Theft in the 3rd Degree in the State of Florida. (Doc. 6-1 at 10, Criminal Arrest and Disposition Report).

         On November 18, 2008, Depolito was convicted of the Crime of Grand Theft in the 3rd Degree in Broward County, Florida and sentenced to a 45 day term of incarceration. (Doc. 6-1 at 12, Judgment).

         On May 21, 2009, upon learning of the Florida conviction, the Board lodged its warrant against Depolito for violating his parole. (Doc. 6-1 at 14, Warrant).

         On June 8, 2009, DePolito was arrested by the Coral Springs, Florida Police Department for violating his parole but was also charged with the crime of Obstruction - Resisting without Violence. (Doc. 6-1 at 16, Arrest Complaint).

         On February 22, 2010, Depolito was convicted of the crime of Disorderly Conduct in Broward County, Florida and sentenced to 525 days of incarceration. (Doc. 6-1 at 18, Broward County Court Disposition Order).

         On February 25, 2010, the Board issued an administrative decision to return Depolito as a convicted parole violator and schedule a revocation hearing. (Doc. 6-1 at 20, Administrative Action).

         On March 2, 2010, Depolito was returned to the Pennsylvania Department of Corrections custody. (Doc. 6-1 at 22, Pa. Dept. of Corr. Moves Report).

         On March 17, 2010, Depolito signed the Board's Notice of Charges and Hearing (PBPP 257-N form), informing him of the charges filed against him. (Doc. 6-1 at 24, Notice of Charges and Hearing). That same date, Petitioner also signed a waiver of his representation by counsel, waiver of his right to a panel hearing, a waiver of his right to a revocation hearing and admission form admitting to the committing the crimes of Grand Theft in the 3rd Degree and Disorderly Conduct in the State of Florida while on parole. (Doc. 6-1 at 26, Waiver of Revocation Hearing and Counsel/Admission Form).

         By decision mailed June 22, 2010, the Board recommitted Depolito as a convicted parole violator to serve 9 months backtime for committing the crimes of Grand Theft and Disorderly Conduct while on parole. (Doc. 6-1 at 30, Notice of Board Decision). The Board also recalculated Depolito's maximum sentence date to be April 4, 2020. Id. Finally, the Board informed Petitioner that if he wished to appeal the decision, he ...


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