Michael Clayton v. United States Parole Commission

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael CLAYTON, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION, Respondent-Appellee. No. 93-56637. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Michael Clayton appeals pro se 1 the district court's denial of his 28 U.S.C. Sec. 2241 habeas petition challenging the revocation of his parole and the forfeiture of his street time credits. Clayton contends that the respondent ("the Commission"): (1) violated the Double Jeopardy Clause by considering five alleged parole violations on two occasions before revoking his parole; (2) lacked the authority to impose a parole condition forbidding the consumption of alcohol; (3) abused its discretion in finding that Clayton drove with a suspended license and was drunk in public. We have jurisdiction under 28 U.S.C. Sec. 2253 . We…