Lewis L. Hatton v. T.M. Keohane, Warden, F.C.I., Terminal Island, Ca

Lewis Hatton appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 . Hatton’s principal argument is that the Regional Parole Commissioner exceeded his authority in changing the recommendation of the Hearing Examiner Panel and increasing Hatton’s presumptive release date from 51 to 60 months. We affirm the denial of Hatton’s petition.

To promote a consistent but fair exercise of discretion when determining parole, the United States Parole Commission has adopted advisory guideline ranges for determining parole release dates. See 28 C.F.R. § 2.20 (a) (1981). The guideline ranges vary according to the characteristics of the offense and the offender. Id. § 2.20(b). A hearing examiner panel makes the initial recommendation concerning parole and may make a recommendation outside a guideline range when the circumstances warrant it. Id. § 2.20(c). An administrative hearing examiner then reviews the panel’s recommendation and makes his own parole recommendation to the Regional Commissioner who, in turn, sets the presumptive parole date. The Commissioner may modify any panel recommendation by up to six months. Id. § 2.24(b)(2). Any panel recommendation…