Arthur John De Peralta v. William Garrison, Warden of the Federal Correctional Institution at Pleasanton, Ca

This case is an appeal from an order of the United States District Court for the Northern District of California (Hon. Robert F. Peckham, J.) denying petitioner-appellant De Peralta’s petition for a writ of habeas corpus.

The parties do not dispute the pertinent facts. On May 14, 1973, the United States District Court for the Northern District of California sentenced appellant De Peralta to the custody of the Attorney General for 10 years under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010 (c), following De Peralta’s plea of guilty to one count of bank robbery, 18 U.S.C. § 2113 (a). Just over 3 years later, on August 12, 1976, De Peralta received his initial parole review hearing before a hearing panel of the United States Parole Commission. De Peralta had received a very favorable institutional adjustment report and apparently expected to be paroled. In pertinent part, the report stated:

Despite the recommendations in the report, the Parole Commission hearing panel recommended that parole release to De Per-alta be denied and that reconsideration of his parole release be continued for one year. The hearing panel felt that appellant’s release at that time would…