Robert H. Fendler v. United States Bureau of Prisons Charles A. Turnbo, Warden, F.C.I. Pleasanton

Robert Fendler, a paroled federal prisoner, appeals the dismissal of his Privacy Act claim brought under 5 U.S.C. § 552a(e)(5) (1982); the dismissal of his claim for ex-pungement of inaccurate material from his presentence report; and the denial of his 28 U.S.C. § 2241 (1982) habeas corpus petition. Fendler contends that the defendant, United States Bureau of Prisons, violated section 552a(e)(5) by refusing to correct allegedly inaccurate information in his pre-sentence report and in documents generated internally by the Bureau of Prisons. Fendler also requests equitable expungement of the allegedly inaccurate information in these documents. Finally, Fendler seeks habeas corpus relief on the ground that the United States Parole Commission violated constitutional and statutory mandates in setting his parole date. We affirm.

I

BACKGROUND

Robert Fendler was convicted and sentenced to 10 years on charges of mail fraud, transportation of stolen goods, and racketeering. Fendler v. United States Parole Comm’n, 774 F.2d 975 (9th Cir.1985). While he was incarcerated, the Bureau of Prisons created an agency file on Fendler which includes his presentence report. It still maintains this…