Donald Wayne Green v. Robert Christiansen, Warden, Federal Correctional Institution, Lompoc, California

Donald Wayne Green appeals from the district court’s dismissal of his habeas corpus petition for failure to exhaust administrative remedies. The underlying facts are not in dispute. Green was released from custody before the expiration of a federal sentence imposed in 1974. Almost two and one-half years later, federal authorities discovered their error in permitting his release. Green was thereupon rearrested and reincarcerated in federal prison. We reverse the dismissal of the habeas petition and remand with instructions.

FACTS

On January 7, 1974, appellant was sentenced by the United States District Court for the Eastern District of California to a term of 15 years for bank robbery and use of a dangerous weapon, a concurrent term of 2 years for possession of an unregistered firearm, and a concurrent term of 2 years for possession of a firearm not identified by serial number. The court recommended that the sentences run concurrently with any time that appellant might have to serve in state custody.

On January 31, 1975, after appellant had been sentenced by the Superior Court of the State of California for Tulare County to a concurrent term of six months to life for assault…