Marvin A. Allen v. United States Parole Commission

Appellant, Marvin A. Allen, pled guilty to two charges of unarmed bank robbery and was sentenced to an indeterminate ten-year sentence under the Narcotics Addict Rehabilitation Act (“NARA”), 18 U.S.C. §§ 4251-4255 . He now appeals from a judgment denying his petition for a writ of habeas corpus on the ground that the United States Parole Commission (the “Commission”) acted arbitrarily and capriciously when it did not consider in the petitioner’s parole hearing the fact that he had received a certification of program completion of the NARA program. We affirm the judgment below because the record shows that the Commission in making its decision did in fact consider the petitioner’s completion of the NARA program.

I.

On October 16, 1978, the United States District Court for the Central District of California, based upon a plea of guilty to two counts of unarmed bank robbery, sentenced appellant to an indeterminate sentence not to exceed ten years pursuant to 18 U.S.C. § 4253 (a). Petitioner sought and was denied parole by a hearing examiner panel at a hearing on July 6, 1979. Appellant appealed to the Regional Commissioner, who on November 7, 1979, affirmed the decision made by the…