Herbert Jack Jessup v. United States Parole Commission F. Scott, Warden, F.C.I., Safford, Arizona

After Herbert Jack Jessup was convicted of counterfeiting while on parole from his five-year sentence for tax evasion, the United States Parole Commission (“Commission”) revoked Jessup’s parole and ruled that the time Jessup spent on parole, his “street time,” would not be credited as time served. The district court subsequently granted Jessup’s petition for habe-as corpus relief on the ground that the Commission failed to advise Jessup before the parole revocation hearing of the possible forfeiture of his street time. The Commission argues on appeal that the district court erred in vacating the forfeiture of Jessup’s street time because (1) Jessup waived his right to claim a procedural due process violation by the untimely assertion of his claim; (2) Jessup failed to show that any prejudice resulted from the due process violation; and (3) the proper relief for the due process violation involved here is a rehearing upon proper notice. We reject the government’s first two contentions but accept the third.

BACKGROUND

On January 29, 1981, Herbert Jack Jess-up was paroled from his five-year sentence for income tax evasion with 1,216 days (approximately three years and three months)…