Montana Horner v. United States Parole Commission

Montana Horner appeals from the district court's denial of his petition for a writ of habeas corpus. Horner seeks reversal on the following grounds:

One.. The Parole Commission improperly denied him early termination of his parole in violation of 28 C.F.R. § 2.43 (e), after he had completed three years without any adverse report concerning his behavior.

Two. His waiver of his right to counsel at the parole revocation hearing was invalid because it was the product of coercion and misrepresentation.

Three. He was denied access to adverse information in violation of 18 U.S.C. § 4208 (c).

We disagree and affirm. We address each of Homer’s contentions and the facts pertinent thereto under separate headings.

I

STANDARD OF REVIEW

We review the denial of a petition for habeas corpus independently, without deference to the district court’s determination. Roth v. United States Parole Commission, 724 F.2d 836, 839 (9th Cir.1984). Our review of a Parole Commission’s decision is very narrow. We may review “whether the Commission acted outside its statutory authority or has violated the Constitution.” Coleman v. Perrill, 845 F.2d 876, 878 (9th Cir.1988). We are precluded from reviewing…