James Paul Grattan v. Maurice H. Sigler, Chairman, United States Board of Parole, United States Bureau of Prisons

James Grattan pleaded guilty to a charge of possession of marijuana with intent to distribute and was sentenced to five years imprisonment under 18 U.S.C. § 4208 (a)(2).

Grattan began to serve his sentence on March 30, 1973, with four months accumulated jail time. On June 16, 1973, Grattan was given a parole hearing before local representatives of the United States Board of Parole (Board). Grattan was told that no recommendation for or against parole would be made locally, but that the decision would be made by the Board of Parole in Washington, D. C. In August, 1973, the Board denied Grattan a parole and set a new hearing in December, 1975. No reasons for the parole denial or the 28 month setoff were given.

When Grattan was imprisoned, he received a “salient factor” rating of 9, or “very good”, under the Parole Board’s regulations. Grattan obtained a second hearing before local representatives of the Board on October 11, 1974. At this hearing Grattan was told that his offense had been classified in the “very high” offense severity category. Apparently no reason was given for this classification. The Board’s regulations provide that a “customary” sentence for a prisoner…