Batchelder

MEMORANDUM AND ORDER

This action involves a petition for a writ of habeas corpus, brought by an inmate at the Federal Correctional Institution at Lompoc, California. The relevant facts are as follows;

1. Petitioner was charged in the United States District Court, Southern District of California, San Diego, under 21 U.S.C. § 176a for importation of marijuana. Petitioner plead guilty on November 18, 1968 and received a sentence of five years.

2. Petitioner served a portion of his sentence and was subsequently paroled on September 25,1970.

3. On June 6, 1973 Mr. Batchelder’s parole was revoked after two hearings, and he was returned to prisión at Lompoc.

4. On September 21, 1973 petitioner was granted a reparóle date of October 15, 1973.

5. On October 13, 1973 while still in Lompoc prison, Mr. Batchelder received notice that he was under suspicion of trafficking in narcotics while on his work detail. Petitioner denied the accusation.

6. Acting on the basis of “confidential information” and “investigative reports”, a board of the Bureau of Prisons filed an Incident Report, ordered Mr. Batchelder held in Lompoc prison beyond the October 15 release date and placed the prisoner in…