Raymond Cornelius Alexander v. United States Parole Commission, United States Bureau of Prisons, Respondents

Good Law
721 F.2d 1223·1983 U.S. App. LEXIS 14552
United States Court of Appeals for the Ninth CircuitDecember 13, 198383-3708California2,237 words

Opinion

Opinion

Alarcon, J.

Alexander has appealed the judgment dismissing his amended petition for a habe-as corpus and the order denying his motion for reconsideration.

In his amended petition for habeas corpus relief, Alexander sought a hearing to challenge “the legality of the detainer lodged against him by the United States Parole Commission and/or Bureau of Prisons.” The petition further alleges that “the United States Parole Commission’s Inmate Disciplinary Committee held an administrative hearing without his presence and without allowing him an opportunity to consult with legal counsel and to gather all available evidence to disprove he escaped from Progress House.” The district court found that: (1) the in absentia hearing did not violate Alexander’s right to due process, and (2) if error occurred, the petitioner failed to show that he was prejudiced by the procedure which was followed in the disciplinary proceedings.

I.

PERTINENT FACTS

Alexander was sentenced to a term of eight years for bank robbery in the district of Oregon on December 10, 1973. Alexander was released on parole but was returned to prison as a parole violator on October 10, 1978.

On April 7,1981, Alexander was transferred…

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