Herbert J. O'Brien v. L. R. Putnam

Herbert J. O’Brien appeals from the district court’s approval of a United States magistrate’s recommendation that O’Brien be denied habeas relief. We affirm.

I. Statement of the Case

O’Brien was charged in a three-count indictment with conspiracy to import cocaine along with two substantive counts of aiding and abetting the importation of cocaine. O’Brien entered a guilty plea to one of the substantive counts; the other two counts were dismissed. On April 18, 1975, the district court sentenced O’Brien to ten years imprisonment and on October 24, 1975, designated the sentence as being imposed pursuant to 18 U.S.C. § 4208 (a)(2). While incarcerated, O’Brien was again convicted of importing cocaine in transactions arising from his earlier involvement in the conspiracy; his new sentence was made concurrent with the former sentence.

After O’Brien had served eight months, his case came before the United States Parole Commission [formerly the Parole Board]. The Commission set the hearing to determine O’Brien’s parole eligibility for the date at which he will have served one-third of his sentence, even though the Commission’s own guidelines provide that generally parole should be…