Anant Kumar Tripati v. United States Parole Commission, Gary L. Henman
Opinion
Opinion
Anant Tripati, a federal prisoner, was convicted of nine counts of banking violations, and sentenced on January 6, 1984, to a ten-year prison term. On May 4, 1984, the United States Parole Commission (USPC) ruled that Tripati would be eligible for parole on July 16, 1989, after he had been in custody for seventy-two months.
Tripati petitioned the district court for a writ of habeas corpus, claiming that the USPC had exceeded the suggested parole guidelines of 28 C.F.R. § 2.20 , which would have provided for parole in forty to fifty-two months. The district court ruled that the USPC had good cause for exceeding the guidelines, and denied Tripati’s habeas petition on June 3, 1987.
Tripati appealed, and that appeal (Case No. 87-2379) is still pending. Tripati then filed a “Motion to Vacate per Rule 60(b) or in the Alternative Petition for a Writ of Habeas Corpus,” arguing that the USPC could not exceed the suggested parole guidelines of 28 C.F.R. § 2.20 because the statute which authorized the USPC to exceed its suggested parole guidelines was repealed effective November 1, 1987. The district court denied this motion and Tripati timely appeals.