Stoller

JUDGMENT DENYING PETITION FOR HABEAS CORPUS

Petitioner, Gerald E. Stoller, was convicted, after a jury trial of distribution of a controlled substance, conspiracy to distribute and conspiracy to import controlled substances. 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), 841(b)(1)(B), 846, 963 and 18 U.S.C. § 2 .

On March 7, 1975, petitioner was sentenced to 10 years in the custody of the Attorney General, with a special parole term of 3 years as mandated by 21 U.S.C. § 841 (b)(1)(A) following his confinement.

On August 14, 1975, the petitioner received his initial parole hearing. Petitioner complains that at this hearing no “progress reports” were received or considered and no determination was made as to his behavior and progress during his first five months of imprisonment. Petitioner, therefore, argues that his institutional behavior and rehabilitation were not considered by the Parole Commission. This argument is fallacious and erroneous. Although there was no “progress report” prepared or submitted on the petitioner, the Hearing Panel did consider a Staff Report prepared on June 10, 1975, setting forth his “clear conduct record” and his “excellent work record,” and these matters…