Hughes Anderson Bagley v. J.J. Harvey, U.S. Marshal, and Audrey Kaslow, U.S. Parole Commission

Hughes Anderson Bagley appeals from the district court’s partial denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 . At issue is the propriety of a special parole condition that prevents Bagley from entering the State of Washington, his state of residence prior to incarceration, except for purposes of litigation or child visitation. Bagley argues that the special parole condition is unconstitutional and an abuse of discretion.

We affirm the district court.

I

In August 1979, Bagley was sentenced to a term of 12 years following convictions of being a felon in possession of firearms and of dealing in firearms and ammunition without a license. A parole date of November 30, 1981, was set for Bagley’s release from prison. Shortly before the scheduled parole date, the United States Probation Office in Seattle requested that the United States Parole Commission reevaluate its decision to parole Bagley. The National Commissioners responded by reopening Bagley’s case and retarding the November 30, 1981, parole date under the purported authority of 28 C.F.R. § 2.28 (f), which allows reopening upon receipt of “new and significant adverse information.” On…