James W. McQuerry v. United States Parole Commission

McQuerry is a federal prisoner. Following his conviction for distribution of cocaine, McQuerry was sentenced to a term of five years in prison and five years on special parole. His special parole was revoked twice. Both times, the United States Parole Commission credited all of McQuer-ry’s “street time.” McQuerry got into more trouble and eventually received a new sentence on a new marijuana distribution charge, to begin on the day after his release on the special parole violator term. After the date of his presumptive release on that term, however, the Commission reopened McQuerry’s case because it had erroneously credited the time spent on special parole. The Commission then modified previous orders to reflect that none of the time spent on special parole was to be credited. McQuerry, pro se, filed a 28 U.S.C. § 2241 petition for habeas relief, which the district court dismissed.

McQuerry mounts a number of challenges to the Commission’s authority to revoke street time credits once granted, and contends that it lacked jurisdiction to reopen his case for that purpose after his presumptive parole date had passed. He also argues that his rights to due process were violated when…