Luchai Ruviwat v. William French Smith, Attorney General of the U.S. And Robert Christensen, Warden

Appellant Luchai Ruviwat, a federal prisoner, appeals from the decision of a district court dismissing his petition for a writ of habeas corpus for failure to exhaust administrative remedies. Appellant claims that the United States Parole Commission denied him parole improperly and deprived him due process of law by going outside of its guidelines in setting a release date.

In 1975, appellant was sentenced to a 30-year prison term for unlawful distribution of heroin for importation into the United States, conspiracy to import and distribute heroin, and distribution of heroin.

Appellant initially appeared before the Parole Commission in April, 1976. Appellant was informed that he was to be kept in confinement beyond the usual guideline period of 24 to 36 months because he was “involved in an ongoing criminal enterprise of significant magnitude, international in scope, and unusual sophistication was utilized in the commission of the offense.” Appellant did not appeal pursuant to 28 C.F.R. Sections 2.25 and 2.26.

A second parole hearing was held in April, 1979. The Hearing Examiner Panel divided in its recommendation and the matter was ultimately referred to the National…