Armando John Vargas v. United States Parole Commission

Vargas, (“appellant”) appeals pro se from the district court’s denial of his habe-as corpus petition. Vargas alleges that the United States Parole Commission (the “Commission”) violated its regulations by: (1) failing to conduct the preliminary interview within the appropriate time period; (2) failing to conduct a revocation hearing within the statutory time periods, and (3) failing to give him notice of the parole violation charges against him, either after the execution of the warrant or before his revocation hearing. Additionally, he contends that the Commission violated the ex post facto clause, U.S. Const, art. I, § 9, cl. 3, by following an amended internal procedures manual at the time of the preliminary interview and the revocation hearing. Finally, he argues that the Commission exceeded its authority in determining his offense severity rating and salient factor score by (1) considering evidence of activities on parole for which appellant was never charged or convicted; (2) equating his actual conviction for solicitation with the more serious offense of pimping and pandering, and (3) relying on the arrest report as evidence of aggravating circumstances when calculating his…