Joseph Brian Benites v. United States Parole Commission and Warden, Federal Prison Camp, Safford, Arizona

Good Law
595 F.2d 518·1979 U.S. App. LEXIS 15206
United States Court of Appeals for the Ninth CircuitApril 24, 197976-3458California894 words

Opinion

Opinion

Chambers, J.

In April 1974 Benites pleaded guilty to bank robbery and was sentenced under the Youth Corrections Act, 18 U.S.C. § 5010 (c). On April 30,1976, while incarcerated at the Federal Prison Camp at Safford, Arizona, he was given a parole hearing, denied release, and informed that he would have another hearing in April 1977.

The case worker’s progress report, which had been prepared in March 1976, in anticipation of the parole hearing, was favorable to Benites and recommended that he had a “reasonable chance of completing the terms of parole, if released”. The case worker stated that Benites was married, had two offers of employment, had been on several work furloughs successfully, had utilized his time well during the 28 months he had been incarcerated, and had completed certain educational and vocational courses.

The reasons given by the Parole Commission for denying parole were as follows:

Benites petitioned for a writ of habeas corpus asserting that the Commission’s decision was predicated on an intent to punish him and was therefore contrary to the intent of the Youth Corrections Act. The district judge granted partial relief in the nature of an order for a new hearing after…

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