Benito Hernandez-Osorio v. Joseph H. Crabtree, Warden, Fci Sheridan Carol Getty, Commissioner, United States Parole Commission

30 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Benito HERNANDEZ-OSORIO, Petitioner-Appellant, v. Joseph H. CRABTREE, Warden, FCI Sheridan; Carol Getty, Commissioner, United States Parole Commission, Respondents-Appellees. No. 94-35328. United States Court of Appeals, Ninth Circuit. Submitted Aug. 1, 1994. * Decided Aug. 4, 1994. Before: ALARCON, BEEZER AND KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Hernandez-Osorio appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2241 . He contends that the district court erroneously concluded that the Parole Commission's use of hearsay evidence did not violate principles of due process. He also contends that the Parole Commission exceeded its statutory authority by failing to determine his offense severity rating by a preponderance of evidence, as required by 18 U.S.C. Sec. 4214 (d). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * We review de…