Raymond Arciniega v. Edward R. Freeman, U. S. Marshal

This appeal was taken from the district court’s denial of appellant’s petition for habeas corpus. This court has jurisdiction under 28 U.S.C. § 2253 , and Rule 22 of the F.R.App.Proc. We affirm.

On November 8, 1960, appellant was sentenced to ten years imprisonment for the illegal sale of heroin in violation of 21 U.S.C. § 174 . He was mandatorily released from custody in September 1967 under 18 U.S.C. § 4164 , with a total of 1,142 days of accumulated good time, i. e., time remaining to be served. Under the terms of his release, he was prohibited from associating with persons having criminal records.

On March 11, 1969, he was arrested by local authorities in Torrance, California. The charges were later dismissed. He was arrested six days later as a parole violator for several reasons including associating with persons having criminal records. After a parole revocation hearing, at which appellant admitted working in the same restaurant and bar as ex-convicts Robles and Martinez, the Parole Board revoked his parole.

Appellant petitioned for a writ of ha-beas corpus. The district court upheld the Parole Board and denied the writ because appellant had associated with persons…