Bill C. Poynor v. U.S. Parole Commission

Good Law
878 F.2d 275·1989 WL 67056·1989 U.S. App. LEXIS 9124
United States Court of Appeals for the Ninth CircuitJune 23, 198988-2722California1,255 words

Opinion

Opinion

Schroeder, J.

William C. Poynor appeals the denial of his petition for habeas corpus. Poynor presently is serving lengthy state court sentences for aggravated assault and armed robbery. He was arrested on those charges while on federal parole and after a parole violator warrant had been issued on the basis of several alleged parole violations. He claims entitlement to habeas relief because, after the federal government lodged a detainer with state authorities, it failed to review that detainer within six months as required by 18 U.S.C. § 4214 (b)(1) (1982). Poynor also argues that he is entitled to relief because the Parole Commission conducted his parole revocation hearing 32 months after he was taken into state custody on the new charges, rather than within 24 months as required by the Commission’s regulations, 28 C.F.R. § 2.47 (b)(1)(B) (1986). We hold that Poynor is not entitled to relief on either contention.

The procedural background is as follows. On January 10, 1980, Poynor was released on parole from a sentence of twelve years in federal prison. The Parole Commission issued a parole violator warrant for Poynor on March 5, 1981, on a charge of failure to report a change in residence.…

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