John Brady v. U. S. Parole Commission

Appellant, a federal prisoner appearing pro se, appeals from denial of his 28 U.S.C. § 2241 habeas corpus petition. His principal challenge is to the Parole Commission’s regulations and decision requiring him to serve thirty-six to forty-eight months of his seven-year sentence.

FACTUAL BACKGROUND

In 1976, appellant entered a plea of guilty to making a false statement in connection with the acquisition of a firearm [ 18 U.S.C. § 922 (a)(6)] and willful failure to appear as ordered after release on bail [ 18 U.S.C. § 3150 ]. The district court imposed a five-year sentence on the firearm offense and a consecutive two-year sentence on the bail offense. The sentences were imposed pursuant to 18 U.S.C. § 4205 (b)(2) [formerly 18 U.S.C. § 4208 (a)(2)], under the provisions of which the time for parole release is left entirely to the discretion of the Parole Commission. Appellant commenced serving his sentence on July 7, 1976, by which date he had accumulated sixty-six days credit for jail time.

Shortly after appellant began serving his sentence, the Parole Commission, pursuant to the provisions of 18 U.S.C. § 4208 (a), made an initial determination and decided not to set a parole…