United States District Court, M.D. Pennsylvania
RICHARD P. CONABOY UNITED STATES DISTRICT JUDGE
Garza, an inmate presently confined at the Allenwood United
States Penitentiary, White Deer, Pennsylvania
(USP-Allenwood), filed this petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Service of the
petition was previously ordered.
initially states that his mandatory release date was May 2,
2013 and he has completed service of his life sentence and 15
year consecutive sentence. See Doc. 1, ¶ 5.
Garza also claims entitlement to federal habeas corpus relief
on the grounds that an October 9, 2015 decision of the United
States Parole Commission (Parole Commission) improperly
denied his request for parole and constituted an ex post
facto and due process violation.
was convicted in the United States District Court for the
Western District of Texas on charges of robbery, kidnaping,
and murder. He is presently serving a life sentence
which was imposed on July 19, 1973. Garza's conviction
and life sentence were affirmed in 1974 following a direct
appeal to the United States Court of Appeals for the Fifth
Circuit. See Garza v. United States, 498 F.2d 1066
(5th Cir. 1974).
was subsequently convicted in the United States District
Court for the Southern District of Illinois of escape and
sentenced to a consecutive fifteen (15) year term of
imprisonment. This conviction stemmed from Petitioner's
escape from the United States Penitentiary, Marion, Illinois
(USP-Marion) in 1979. Garza was recaptured after a shootout
to 18 U.S.C. § 4206(d), a prisoner is eligible for
mandatory parole after completing two thirds of each
consecutive term or terms or after serving 30 years of each
consecutive term. The Bureau of Prisons (BOP) calculated the
two-thirds date of Petitioner's sentence as being May 2,
2013. The BOP concluded that Garza needed to serve 40 years,
two thirds of his life sentence (30 years) plus two thirds of
his escape sentence (10 years). Petitioner has been
considered for, but denied parole on multiple dates with
recommendations that he remain confined until the expiration
of his sentence.
15, 2013, Petitioner was provided with an in person hearing
as to the issue of whether he was entitled to release on
mandatory parole. The Hearing Examiner recommended that
Petitioner be granted mandatory parole as of August 2, 2013
to serve a consecutive 25 year sentence imposed by the State
an Executive Reviewer disagreed and recommended a denial of
mandatory parole with a interim hearing to be conducted in
May, 2015. By Notice dated June 7, 2013, the Parole
Commission denied Garza mandatory parole, ordered that
petitioner serve to the expiration of his sentence, and
scheduled a statutory interim hearing for May, 2015. In June
2015, Petitioner's statutory interim hearing was
conducted and it again determined that he serve to the
expiration of his sentence. Following an administrative
appeal, the decision was affirmed on October 8, 2015.
the second habeas corpus petition filed by Garza with this
Court regarding the denial of his parole applications.
argues that Petitioner's due process and ex post
facto claims and his contention of being entitled to
mandatory parole should be dismissed for abuse of the writ.
It is alternatively argued that Garza's arguments are
of the Writ
28, United States Code § 2241, vests the federal
district courts with jurisdiction to grant a writ of habeas
corpus to persons in custody in violation of the
Constitution, laws, or treaties of the United States. 28
U.S.C. § 2241(c)(3). Habeas corpus review under §
2241 “allows a federal prisoner to challenge the
‘execution' of his sentence.” Woodall v.
Federal Bureau of Prisons, 432 F.3d 235, 241 (3d Cir.
2005). Review is available “where the deprivation of