Carroll Lee Wyatt v. United States Parole Commission

Wyatt appeals from the district court’s judgment denying two petitions for writs of habeas corpus. Upon the respondent’s motion, the court had consolidated the petitions for purposes of consideration. We affirm in part, and vacate and remand in part.

In June 1966, the United States District Court for the Eastern District of Pennsylvania sentenced Wyatt to two concurrent ten-year terms relating to a conviction for bank robbery.( 18 U.S.C. § 2113 (a)). In April 1972, Wyatt left prison on mandatory release supervision ( 18 U.S.C. §§ 4163 and 4164).

While under such supervision, Wyatt was sentenced in the United States District Court for the Northern District of Mississippi to a two-year and a three-year term (to run consecutively) for convictions involving breaking and entering a United States Post Office and theft of public property ( 18 U.S.C. §§ 2 , 641, and 2115). Because of these convictions, a mandatory release violator’s warrant was issued against Wyatt in July 1974, and was lodged as a detainer with prison officials in November 1974, when Wyatt began service of the Mississippi sentences. The warrant was therefore left unexecuted. The affidavit of a Parole Commission hearing…