Barry Alan Robbins v. Robert Christianson, Warden

Barry Alan Robbins (“Robbins”) appeals the district court’s dismissal of his petition for habeas corpus. In his petition, Robbins alleged that his constitutional rights were violated when he was transferred from a community treatment center (“CTC”) to a federal prison camp at Lompoc, California. Robbins was transferred as a disciplinary measure because he had allegedly been using restricted drugs while at the CTC. The district court dismissed Robbins’ petition as moot since Robbins had been unconditionally released by the time the court reviewed the petition. We reverse.

BACKGROUND FACTS

Robbins was convicted of tax evasion and was sentenced to eighteen months in prison. When Robbins had six months remaining on his sentence, he was transferred to the CTC, a half-way house. The CTC required that all of its residents participate in random drug testing. On January 6, 1987, *494 the CTC asked Robbins to provide it with a urine sample for drug testing. The urinalysis indicated that Robbins had been using a restricted drug. In response, the CTC held a disciplinary hearing on January 21, 1987. The hearing was held in front of the director of the CTC. The director disciplined Robbins by…

dissenting:

It’s a close call — close both because of the attitude towards drugs in parts of our society and because the Supreme Court has furnished contradictory signals. Compare Lane v. Williams, 455 U.S. 624 , 632 n. 13, 102 S.Ct. 1322 , 1328 n. 13, 71 L.Ed.2d 508 (1982) with Evitts v. Lucey, 469 U.S. 387 , 391 n. 4, 105 S.Ct. 830 , 833 n. 4, 83 L.Ed.2d 821 (1985). We have adopted the Lane approach in this circuit. Reimers v. Ore *497 gon, 863 F.2d 630, 632 (9th Cir.1988). We should adhere to it now.

904 F.2d 492 Barry Alan ROBBINS, Petitioner-Appellant, v. Robert CHRISTIANSON, Warden, Respondent-Appellee. No. 88-5537. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1990 * . Decided May 30, 1990. Bernard L. Segal, William G. Panzer, San Francisco, Cal., for petitioner-appellant. Scott H. Park, Asst. U.S. Atty., Los Angeles, Cal., for respondent-appellee. Appeal from the United States District Court for the Central District of California. Before BROWNING, NOONAN, and FERNANDEZ, Circuit Judges. FERNANDEZ, Circuit Judge: 1 Barry Alan Robbins ("Robbins") appeals the district court's dismissal of his petition for habeas corpus. In his petition, Robbins alleged that his constitutional rights were violated when he was transferred from a community treatment center ("CTC") to a federal prison camp at Lompoc, California. Robbins was transferred as a disciplinary measure because he had allegedly been using restricted drugs while at the CTC. The district court dismissed Robbins' petition as moot since Robbins had been unconditionally released by the time the court reviewed the petition. We reverse. BACKGROUND FACTS 2 Robbins was convicted of tax evasion and was…