United States District Court, M.D. Pennsylvania
William J. Nealon United States District Judge.
DePolito, an inmate formerly confined 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.
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.
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
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
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,
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).
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).
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).
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,
March 2, 2010, Depolito was returned to the Pennsylvania
Department of Corrections custody. (Doc. 6-1 at 22, Pa. Dept.
of Corr. Moves Report).
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).
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,