Marvin Raines v. U.S. Parole Commission Robert J. Christensen

Appellant Marvin Raines, a federal defendant, appeals from the dismissal of his petition for habeas corpus. Raines argues that the United States Parole Commission (Commission) erred by not notifying him prior to his parole revocation hearing that his “street time” (time spend on parole) was subject to forfeiture. Raines contends that he is entitled to credit against the remainder of his federal sentence for his good time credits, street time, and for the year he spent in state custody while on federal parole. We affirm in part and reverse in part.

Raines was arrested in March of 1975 in Oregon on charges of armed robbery and forgery. In connection with the same incident, he also was arraigned on a separate federal charge of armed postal robbery because the victim was a postal employee. After pleading guilty in Oregon state court and receiving a thirty year sentence, he was transferred to federal custody where he pled guilty to the federal charge for which he received a ten year sentence. The federal judge ordered that Raines serve his federal sentence concurrently with his state sentence in the Oregon state prison system.

Appellant was paroled from his federal sentence on March…