Douglas Lauren Marsh v. Larry F. Taylor, Warden

Marsh appeals from the district court’s denial of his petition for a writ of habeas corpus. He argues that the Parole Commission (Commission) had the authority to grant him a presumptive parole date, and that this parole date remains valid despite the government’s determination that its actions regarding Marsh’s parole date were in error. The district court had jurisdiction pursuant to 28 U.S.C. § 2241 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Marsh was convicted of attempt and conspiracy to manufacture “euphoria,” a controlled substance, in violation of 21 U.S.C. § 846 . The conduct underlying the conviction occurred after November 1, 1987. He was sentenced to 51 months’ imprisonment pursuant to the federal Sentencing Guidelines, which abolish parole for crimes committed after November 1, 1987. After this court held the Sentencing Guidelines unconstitutional in Gubiensio-Ortiz v. Kanakele, 857 F.2d 1245 (9th Cir.1988), the Commission granted Marsh a presumptive parole date of January 28, 1990. Soon after, however, the Supreme Court upheld the constitutionality of the Sentencing Guidelines in Mistretta v. United States, 488 U.S.…