Mildred Miller v. United States Parole Commission
Opinion
Opinion
967 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mildred MILLER, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee. No. 91-16388. United States Court of Appeals, Ninth Circuit. Submitted June 23, 1992. * Decided June 26, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mildred Miller, a federal prisoner, appeals pro se the district court's sua sponte dismissal of her 28 U.S.C. § 2241 petition. Miller contends that the United States Parole Commission ("Commission") violated her right to due process by relying on information that was not contained in the presentence report to establish her parole date. We review de novo, Camacho v. White, 918 F.2d 74, 77 (9th Cir.1990), and we affirm. 3 In 1987, Miller was convicted of thirty-six counts of mail fraud and received a nine-year sentence. A parole hearing was scheduled for February 1990. In January 1990, a regional administrator of the Commission sought…