United States v. Kelvin R. Steele

In 1985, Kelvin R. Steele pled guilty to two counts of armed bank robbery, both pre-Guidelines offenses. The district judge sentenced Steele to concurrent twenty-five year prison terms. The judge also ordered that Steele would become eligible for parole under 18 U.S.C. § 4205 (b)(2). This section provides for parole at the discretion of the Parole Commission. In 1990, this Court vacated Steele’s sentence and remanded the case for resentencing, directing the district court to make the necessary findings and determinations required by Fed.R.Crim.P. 32. U.S. v. Steele, 902 F.2d 42 (9th Cir.1990).

The district judge again sentenced Steele to concurrent twenty-five year prison terms. This time, however, the district judge ordered Steele eligible for parole under 18 U.S.C. § 4205 (a). Section 4205(a) requires a prisoner to serve one-third of the sentence before becoming eligible for parole.

Steele appeals on two grounds. First, Steele contends that the district court abused its discretion and considered his prior history of arrests, not convictions. Second, he claims the district court unconstitutionally increased his sentence by denying his request for a parole provision under 18…