Alfred Ralph Petrone v. Audrey Kaslow

Petrone filed a petition for a writ of habeas corpus contending that the Parole Commission’s decision to continue further consideration of his parole beyond the one-third point of his eight-year sentence ( 18 U.S.C. § 4205 (b)(2)) denied him meaningful consideration.

Petitioner’s contention that the Parole Commission’s determination frustrated the sentencing court’s intent has been rejected by the Supreme Court in United States v. Addonizio, - U.S. -, 99 S.Ct. 2235 , 60 L.Ed.2d 805 (1979). Even if the sentencing judge’s expectations were frustrated by the Parole Commission’s extension of time served, the prisoner cannot rely upon that fact to support a collateral attack on the original sentence. As the Addonizio Court stated: “[T]here is no basis for enlarging the grounds for collateral attack to include claims based not on any objectively ascertainable error but on the frustration of the subjective intent of the sentencing judge. . . .

“The decision as to when a lawfully sentenced defendant shall actually be released has been committed by Congress, with certain limitations, to the discretion. of the Parole Commission. . . . ” (Id. at -, 99 S.Ct. at 2242 .)

Under the Parole…