Istvan Kele v. Peter Carlson, Warden, U.S. Parole Commission

In 1973, appellant was convicted after jury trial of conspiracy, bank robbery, and murder, and sentenced to life imprisonment. Kele v. U.S. Parole Comm’n, 775 F.2d 243, 244 (8th Cir.1985) (“Kele I”). In October 1984 the Commission established a presumptive parole date of November 22, 1989. This decision has been twice upheld. Kele I, 775 F.2d at 245 ; Kele v. Carlson, 854 F.2d 338, 340 (9th Cir.1988) (per curiam) (“ Kele II”).

In October 1986 appellant requested credit for his educational attainments while in custody pursuant to 28 CFR § 2.60 (1988), which allows credit for “superior program achievement” (“SPA credit”). The parole examination board recommended appellant’s request be denied, stating:

The Parole Commission adopted this recommendation, and the National Appeals Board affirmed. Appellant then petitioned for habeas corpus relief. The district court dismissed the petition.

The district court correctly dismissed appellant’s petition insofar as it alleged the Commission abused its discretion. “By definition, a bare allegation that the Commission has abused its discretion acknowledges that the Commission has exercised a judgment, if improperly, within its discretion.…