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Stewart v. Schult

January 5, 2009

WILLIE STEWART, PETITIONER,
v.
DEBORAH SCHULT, RESPONDENT.



REPORT AND RECOMMENDATION

I. INTRODUCTION

Petitioner Willie Stewart, acting pro se, commenced this action seeking habeas corpus relief pursuant to 28 U.S.C. § 2241. Petitioner is an inmate at the Federal Correctional Institution ("FCI") Gilmer in Glenville, West Virginia. In 1984, Petitioner was convicted in the District of Columbia for carrying a pistol without a license and possession with intent to distribute a controlled substance and was sentenced to a term of imprisonment. Petitioner was later paroled. Petitioner does not challenge his conviction. Instead, he contests the decision of a hearing examiner at the Federal Detention Center ("FDC") in Philadelphia, Pennsylvania recommending that his parole be revoked.

This matter was referred to the undersigned by the Honorable Norman A. Mordue, Chief United States District Judge, pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and is presently before this Court for a report and recommendation. (Docket No. 12).

II. BACKGROUND

A. Facts

In June of 1984, Petitioner, who is sixty-two (62) years old as of 2008, was sentenced to a two (2) to six (6) year prison term by the United States District Court of the District of Columbia for carrying a pistol without a license and possession with intent to distribute a controlled substance in February of 1984. (Docket No. 11 at "Exhibit B"). Petitioner began serving his sentence on June 20, 1988 and was later paroled on June 18, 1990 by the United States Parole Commission ("Commission"). (Docket No. 11 at "Exhibit D").

On February 4, 1992, the Commission issued a parole violator warrant for Petitioner's violation of the conditions of his release by failing to report his arrest for firearms related criminal offenses. (Id. at "Exhibit E"). The warrant was to be lodged as a detainer if Petitioner was already in custody or if there were other outstanding criminal warrants against him. (Id.). Thereafter, the Commission learned that Petitioner had also been convicted and sentenced in Virginia in August of 1993 to a twenty-seven (27) year prison term for robbery, use of a firearm during a felony, and a possession of a firearm by a convicted felon. (Id. at "Exhibit F"). In September of 1993, the Commission added these new crimes as parole violation charges in a supplemental warrant that was placed as a detainer against Petitioner at the Greensville Correctional Center in Jarrett, Virginia.

On December 21, 1996, the Commission conducted a dispositional review of the warrant and decided to leave the warrant as a detainer with state authorities. (Id. at "Exhibit I"). Thereafter, the warrant was executed and Petitioner was arrested on the parole violator warrant on September 21, 2006. (Id. at "Exhibit J"). In November of 2006, Petitioner was notified by the Commission that it had found probable cause as a result of Petitioner's 1993 state convictions for parole violations to continue with revocation proceedings against Petitioner. (Id. at "Exhibit K").

Petitioner was then transferred to the FDC Philadelphia, Pennsylvania where he participated in a final parole revocation hearing on February 17, 2007. (Id. at "Exhibit L"). Petitioner admitted all of the charges and evidence of his guilt on the criminal charges was presented in the form of certified documents establishing Petitioner's Virginia state convictions. After the revocation hearing, the Commission revoked Petitioner's parole, and forfeited all of the time he had spent on parole, and continued him to the expiration of the remainder of his original six year District of Columbia sentence. (Id. at "Exhibit M").

Sometime after the Commission's decision, Petitioner was transferred to FCI Ray Brook in New York State, where, prior to his transfer to Gilmer, he filed the instant petition contesting the decision of the Commission and requesting immediate release from incarceration. (Docket No. 5).

B. Federal Habeas Corpus Proceedings

Petitioner, proceeding pro se, commenced this action on October 9, 2007, by filing a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Docket No. 1). Thereafter, he filed an Amended Petition on December 28, 2007. (Docket No. 5). At the time he filed his petition, Petitioner had been transferred to and was an inmate at FCI Ray Brook in New York State.*fn1 In his Petition, Petitioner contests the decision of the Commission to revoke his parole and requests immediate release from incarceration. (Docket No. 5).

III. DISCUSSION

A. Federal Habeas Corpus ...


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