Patrick R. Rizzo v. Sandra B. Armstrong

Patrick Rizzo (“Rizzo”) petitioned the district court for a writ of habeas corpus on the basis that the United States Parole Commission (“the Commission”) improperly decided at two separate parole revocation hearings to forfeit “street time” he had served while out on parole. The Commission’s decisions were made in light of the fact that Rizzo was convicted of subsequent crimes each time he was released on parole. The district court refused to grant the writ.

On appeal, Rizzo argues that the special reconsideration hearing held in 1989 to provide him with notice of the possibility of street time forfeiture was defective because 1) the Commission applied a regulation at the special reconsideration hearing mandating forfeiture of street time, effectively making the new hearing pointless; and 2) the regulation applied by the Commission at the reconsideration hearing was not in effect at the time when Rizzo committed his crime of misuse of credit cards while out on parole in 1974, thereby constituting a violation of the ex post facto clause. He also argues that the statutory scheme does not mention the Commission’s power to forfeit a parolee’s street time and is therefore…