James H. White v. O. Ivan White, Warden, Federal Correctional Institution, Phoenix, Arizona
Opinion
Opinion
Boochever, J.
James H. White, an inmate at the Federal Correctional Institution in Phoenix, Arizona, appeals the district court’s denial of his habeas corpus petition. White challenges the decision of the United States Parole Commission (Commission) to revoke his parole. He contends that the denial of his request to confront adverse witnesses at his parole revocation hearing denied him due process in violation of the Fifth Amendment of the United States Constitution. We reverse.
BACKGROUND
White was convicted of armed bank robbery in New Mexico in 1974, and was sentenced to twenty-five years imprisonment. He was released on parole in 1984. In 1985, the Albuquerque Police Department arrested White for the offense of criminal sexual contact with a minor. On the same day, federal agents searched his residence and found a .22 caliber revolver. After his release on bond, White left New Mexico.
White was arrested October 29, 1986 in Stockton, California, on a warrant issued by the Commission charging him with failure to submit monthly reports, failure to report a change in residence, criminal sexual contact with a minor, and unauthorized possession of a firearm. White underwent a preliminary…