Frederick S. Solheim v. Sandra B. Armstrong, Western Regional Commissioner, United States Parole Commission Robert Christensen

Frederick S. Solheim appeals the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we review the district court’s decision de novo. Weygandt v. Ducharme, 774 F.2d 1491, 1492 (9th Cir.1985). We affirm.

FACTS

Solheim is currently serving a 10-year sentence for importation of marijuana and making a false statement. He applied for parole on October 7, 1985. A prehearing assessment was conducted by a Parole Commission hearing examiner who recommended that Solheim be paroled upon service of 40 months. Solheim concedes that under the applicable adult sentencing provisions, 18 U.S.C. § 4205 (a), he is ineligible for parole before serving at least that amount of time. Since the hearing examiner recommended release at Solheim’s minimum term eligibility date, the examiner also recommended that a parole hearing was unnecessary.

Under the Parole Commission’s procedures, recommendations made by hearing examiners must be reviewed by the Administrative Hearing Examiner (now called the Regional Administrator) and then approved by the Regional Parole Commissioner (“Regional Commissioner”). The Administrative Hearing…