John Riley Henrique v. United States Marshal and United States Parole Commission, Respondents

Appellant Henrique appeals from a denial of his petition for a writ of habeas corpus. Henrique, who absconded from parole supervision during the running of his six-year Youth Corrections Act sentence, argues that the jurisdiction of the United States Parole Commission (Commission) expired at the end of the six-year term and that it thereafter had no authority to rearrest him. We reject that argument and affirm the district court’s judgment denying the petition.

I. Facts

On April 3, 1972, appellant Henrique was sentenced as a youth offender for possession of a controlled substance with intent to distribute. He was incarcerated at the Lompoc Federal Correctional Institution until August 31, 1973 when he was released subject to parole supervision for the duration of the six-year maximum sentence authorized by 18 U.S.C. § 5017 (c).

Henrique performed adequately under parole until August 1975, when he was arrested and charged with contributing to the delinquency of a minor. The delinquency charge was later dropped, but Henrique pleaded guilty to a charge of giving a false name to the arresting officers. On October 24, 1975, Henrique’s parole officer, Thomas Mortensen, notified the…