Frederick E. Hopper v. United States Parole Commission

Frederick Hopper appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 . Hopper contends that the United States Parole Commission (USPC) erred in: (1) failing to credit to his remaining federal sentence the time he spent in state pretrial custody due to a federal detainer; and (2) failing to permit him to serve concurrent sentences. Hopper further contends that he was denied his right to a timely revocation hearing: (a) under constitutional due process requirements; (b) under the Interstate Agreement on Detainers Act (IADA); and (c) under 18 U.S.C. §§ 4213 and 4214.

We affirm the denial of Hopper’s petition.

I

In 1976 Hopper was convicted in the United States District Court for the District of Nevada for possessing stolen bank funds, conspiracy, aiding and abetting escape, and false statements before a grand jury. He was paroled in May 1979 with supervision to extend through May 18,1982. In May 1980, California state authorities arrested Hopper for armed robbery. Because Hopper was unable to pay the bail set by the state authorities, he remained in state custody.

Shortly after Hopper’s arrest, the USPC issued a parole violator warrant for him.…