Charles A. Johnson v. J. Williford, Warden, Metropolitan Correctional Center United States Parole Commission and United States of America

The government appeals from the district court’s order granting Johnson’s writ of habeas corpus. Johnson was convicted and sentenced under a federal statute requiring a minimum term of ten years, without possibility of parole. Neither the sentencing order nor the initial sentence computation report noted Johnson’s ineligibility for parole. After numerous reviews by the Parole Commission and various other federal officers, none of whom uncovered the error, Johnson was released on parole.

Some 15 months later when the error was discovered,, he was arrested and his parole revoked. In response, Johnson petitioned for a writ of habeas corpus. The district court ordered his immediate release pending action on the petition. Upon hearing, the, district court granted the writ. We note jurisdiction under 28 U.S.C. § 2253 and affirm.

FACTS

Johnson was convicted in the Northern District of Florida of conspiring to import marijuana, importing marijuana, and engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 (1976). On May 25, 1977, he was sentenced to consecutive terms of five, five, and ten years, respectively, for these three convictions. He began serving his…