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Malik v. New Jersey State Parole Board

Superior Court of New Jersey, Appellate Division

June 28, 2013

ABDUS SALAAM MALIK, Appellant,
v.
NEW JERSEY STATE PAROLE BOARD, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 4, 2013

On appeal from the New Jersey State Parole Board.

Abdus-Salaam Malik, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Shirley P. Dickstein, Deputy Attorney General, on the brief).

Before Judges Alvarez and Waugh.

PER CURIAM

Appellant Abdus-Salaam Malik appeals the final administrative action of the New Jersey State Parole Board revoking his parole and establishing a twenty-two month future eligibility term (FET). We affirm.

I.

We discern the following facts and procedural history from the record on appeal.

In May 1995, Malik was convicted of possession of a controlled dangerous substance with intent to distribute (N.J.S.A. 2C:35-5(a)(1)) and related offenses. He received an aggregate custodial term of twenty years. He was paroled in October 2002.

Malik was arrested by federal authorities in March 2004, and charged with unlawful transport of firearms (18 U.S.C.A. § 922(g)). The Board issued a parole-violation warrant in March 2004, based on the federal charges. Malik was subsequently convicted on the federal charge and sentenced to a ninety-six month prison term.

In April 2011, Malik completed his federal sentence and was transported to New Jersey for enforcement of the Board's warrant. Following a hearing in July, the Board's hearing officer found that Malik had violated the terms of his parole. He recommended revocation of parole with a twenty-two month FET. A two-member panel of the Board adopted the hearing officer's recommendations on August 10. ...


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