Istvan Kele v. Peter Carlson, Warden, and United States Parole Commission

Istvan Kele, a federal prisoner, appeals pro se the district court’s denial of his habeas corpus petition. Kele contends that the United States Parole Commission improperly applied its parole guidelines to his situation. We affirm.

Kele was sentenced to life imprisonment in 1972 for his role in a bank robbery in which a bank guard was shot and killed. After several parole hearings, the Parole Commission on October 31, 1984 set a presumptive parole date of November 22, 1989.

Kele first contends that he has served a longer period of incarceration than permitted by his original parole guideline. However, the Eighth Circuit has already determined that Kele’s parole guideline was open-ended and that his presumptive release date was proper. Kele v. United States Parole Commission, 775 F.2d 243 (8th Cir.1985).

Kele next contends that under section 235(b)(3) of the Sentencing Reform Act of 1984, he is entitled to a new release date under the new Parole Commission Offense Severity Guidelines. Kele asserts that the new guidelines applying to his offense set an upper limit of 148 months, which he has already served. The dispositive issue is whether the new guidelines apply to…