Martin Allen Henry v. Mark A. Henry, Warden United States Parole Commission

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martin Allen HENRY, Petitioner-Appellant, v. Mark A. HENRY, Warden; United States Parole Commission, Respondents-Appellees. No. 94-55760. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided June 14, 1995. 1 Before: McKAY, ** REINHARDT, and FERNANDEZ, Circuit Judges 2 MEMORANDUM *** 3 The petitioner, Mr. Henry, appeals the denial of his 28 U.S.C. Sec. 2241 habeas corpus action. We affirm. 4 Petitioner was convicted of bank robbery ( 18 U.S.C. Sec. 2113 (a)) in 1985 and sentenced to eight years. He was given a parole effective date of April 8, 1988. On March 14, 1988, while on pass from a community treatment center, petitioner committed another bank robbery, was arrested and returned to federal custody. On March 16, 1988, he tested positive for cocaine from a urine sample taken on February 24, 1988. On the basis of these two infractions, petitioner was not released on April 8. By…