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Johnson v. United States Parole Commission

May 31, 2006

RASAAN JOHNSON, PETITIONER,
v.
THE UNITED STATES PAROLE COMMISSION, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Simandle, District Judge

OPINION

I. INTRODUCTION

This action is brought upon a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner requests a parole revocation hearing under 28 C.F.R. § 2.100(b), arguing that by refusing such a hearing the respondents have violated his rights under the above regulation and the United States Constitution. Petitioner also filed a "Motion for Speedier Resolution", a motion for appointment of counsel, and a motion for an evidentiary hearing, pursuant to 28 U.S.C. § 2243 and 18 U.S.C. § 3006A. [Docket Item 8].

For the reasons expressed below, the relief sought by Petitioner will be denied.

II. BACKGROUND

On May 3, 1999, Rasaan Johnson ("Petitioner") began a prison sentence of 6-18 months and 1-3 years for first degree burglary and attempted distribution of cocaine. (Resp'ts. Ex 1, Progress Report.) This sentence was imposed by the District of Columbia Superior Court. (Pet. at 2.) The United States Parole Commission ("Parole Commission") granted Petitioner parole from this original sentence on December 12, 2001, placing him on supervised release until November 1, 2003. (Resp'ts. Ex. 2, Cert. of Parole.)

On June 7, 2003, while on parole, Petitioner was charged with aggravated assault, leading the Parole Commission to issue a warrant charging him with parole violation on August 8, 2003. (Pet'r Ex. C.) The Parole Commission instructed the United States Marshal Service to hold the warrant in abeyance as a detainer until Petitioner was released from the assault charges. (Resp'ts. Ex. 4.)

On December 8, 2003, the District of Columbia Superior Court sentenced Petitioner to a four year term of incarceration, followed by three years of supervised release for the June 7, 2003 aggravated assault charge. (Resp'ts. Ex. 5, sentence computation.)

By letter to the Parole Commission dated March 17, 2005, Petitioner requested a "revocation hearing". (Pet'r Ex. D, letter to Parole Commission, at 1.) The Parole Commission denies having received this letter. (Resp'ts. Answer at ¶ 10.) No revocation hearing has been held. (Pet. at ¶ 10.)

Petitioner's current projected release date is January 16, 2007, according to the Federal Bureau of Prisons. (Resp'ts. Ex. 5 at 3.) The Parole Commission expects the warrant to be executed upon Petitioner's release from present confinement. (Resp'ts. Answer at 3.)

III. DISCUSSION

For reasons now explained, Rasaan Johnson's petition for a writ of habeas corpus will be denied, as will his Motion for a Speedier Trial or Evidentiary Hearing and Appointment of Counsel.

A. Petitioner Will Not be Granted an Evidentiary Hearing

The Petitioner requests an evidentiary hearing before this Court. For the following reasons, the court will deny that motion. "Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained." 28 U.S.C. ยง 2243. Thus, in order for the Petitioner to be entitled to an evidentiary hearing, he must ...


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