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Amin v. New Jersey State Parole Board

Superior Court of New Jersey, Appellate Division

June 26, 2013

EARL C. AMIN, Appellant,
v.
NEW JERSEY STATE PAROLE BOARD, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 16, 2013

On appeal from the New Jersey State Parole Board.

Earl C. Amin, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief).

Before Judges Harris and Hoffman.

PER CURIAM

Appellant Earl C. Amin appeals from the decision of defendant New Jersey State Parole Board (Board) denying parole and imposing a thirty-two-month future eligibility term (FET). We affirm.

On January 27, 1982, Amin, who was on parole for a 1974 armed robbery conviction, robbed a bank in Vineland with a co-defendant, Joel Harrison. During the robbery, Harrison pointed a sawed-off shotgun at bank employees while Amin emptied the bank tellers' cash drawers and safes, stealing a total of $34, 664. Soon thereafter, police observed Amin and Harrison driving in a vehicle. A chase ensued, which ended when Amin and Harrison rammed their car into a police car and two parked cars. Amin was transported to the hospital for treatment of injuries he sustained from the car crash. While at the hospital, Amin attempted to escape, and in so doing attempted to disarm the sheriff's officer who was guarding him in his room.

Following a jury trial, Amin was convicted of robbery, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, possession of a prohibited weapon, aggravated assault (two counts), conspiracy, criminal attempt to escape and a parole violation. On December 13, 1982, he was sentenced as follows: on the robbery charge, to an extended term of life imprisonment, with a twenty-five year period of parole ineligibility; on the criminal attempt to escape, to seven years, with a three-year period of parole ineligibility, consecutive to the life sentence; and on the remaining counts, to various concurrent terms. Thus, Amin's aggregate sentence is life imprisonment, with a twenty-eight year period of parole ineligibility, consecutive to any violation of parole.

Amin's prior criminal history consists of two robbery convictions as well as convictions of aiding and abetting an armed robbery, obtaining money under false pretenses and escape. Amin's past experiences on parole proved unsuccessful. As an adult, Amin has been paroled twice, and both times violated parole as a result of new convictions.

During his current incarceration, Amin has incurred a total of twenty disciplinary infractions, including six asterisk offenses; however, his most recent institutional infraction occurred in October of 2003. As a result of these infractions, Amin lost approximately 1, 230 commutation credits, but approximately 620 credits were subsequently restored.

Amin became eligible for parole for the first time on November 23, 2011. On July 18, 2011, a two-member Board panel denied parole and established a thirty-two-month future eligibility term (FET) based on, among other things: prior criminal record is extensive and repetitive; nature of criminal record is increasingly more serious; presently incarcerated for a multi-crime conviction; current opportunity on parole was revoked for commission of a new offense; prior opportunities on parole have been violated in the past; prior opportunities on parole and prior incarcerations(s) have failed to deter criminal behavior; commission of institutional disciplinary infractions which are numerous, serious in nature and have resulted in loss of commutation time and confinement in Detention and Administrative Segregation; insufficient problem resolution, including a failure to sufficiently address a substance abuse problem as demonstrated by the panel interview and documentation in the case file; lack of an adequate parole plan to assist in successful reintegration into the community; and the fact that Amin went AWOL from the United States Army. Regarding mitigating factors, the Board noted that Amin has participated in institutional programs, has average to above average institutional reports, has made attempts to enroll and participate in programs but was not admitted, has had a favorable institutional adjustment, with his last disciplinary infraction occurring in October 2003, and has had commutation time restored.

On August 10, 2011, Amin appealed the two-member panel's decision to the full Board. On November 30, 2011 the full Board affirmed the denial of parole and the imposition of ...


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