Douglas Plumley v. United States

979 F.2d 855 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas PLUMLEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-15050. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 18, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Douglas Plumley, a federal prisoner, appeals pro se the denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the United States Parole Commission's (Commission) setting of a presumptive parole date. Plumley contends that after the Commission revoked his mandatory release and set a new release date, the Commission did not have statutory authority to rescind the new release date. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988), and affirm. 3 On February 14, 1983, Plumley was convicted of bank robbery and use of a dangerous…