Robert Newell Spry v. E. J. Oberhauser

This is an appeal by Robert Newell Spry, a prisoner in the California Institution for Men at Chino, from an order entered September 14,1965, in the United States District Court for the Southern District of California, Central Division, denying his petition for a Writ of Habeas Corpus.

After reviewing the appellant’s petition, we agree with the District Court that it appears from the petition that the petitioner is not entitled to the Writ.

According to the petition, appellant was convicted in 1959 of the crime of burglary in the Orange County Superior Court. In March of 1965, he was convicted in the Los Angeles Superior Court for attempted robbery in violation of Section 664 of the California Penal Code. After serving approximately four years on the first offense, appellant was released in May of 1963 to serve three years and three months on parole.

Appellant first alleges that parole on the first offense was delayed one year because of action taken by the disciplinary committee of the institution. The allegation in regard to the action of the disciplinary committee does not in this case present a justiciable question. Roberts v. Pegelow, 313 F.2d 548, 550-551 (4th Cir. 1963);…