Arthur Earl Robbins v. Glenn R. Thomas, Parole Agent, and United States Board of Parole

This appeal presents the narrow issue of what procedure the United States Parole Commission should follow when events casting doubt on the advisability of terminating parole occur between a parole termination hearing and the issuance of a final decision based on that hearing. We hold that, in this circumstance, the requirements of procedural due process and of the applicable statutes are satisfied if the Parole Commission reopens the case and orders a supplemental hearing at which the parolee is accorded the same procedural rights as at other parole termination hearings. The Parole Commission may then consider the findings of the supplemental hearing in making its parole termination decision.

Appellant Robbins was convicted of armed bank robbery in 1963. He received a 25 year sentence. See Robbins v. United States, 345 F.2d 930 (9th Cir. 1965). See also Robbins v. United States, 387 F.2d 139 (9th Cir. 1967) (affirming denial of collateral relief). He was paroled in 1967, but this initial parole was revoked due to heroin use. He was re-paroled in April 1971. On October 28, 1976, when his second parole had lasted about five and one-half years, Robbins received a parole termination…