Thompson

Thompson v. Crabtree

Good Law
82 F.3d 312·96 Daily Journal DAR 4824·1996 WL 200360·1996 U.S. App. LEXIS 9795·96 Cal. Daily Op. Serv. 2882
United States Court of Appeals for the Ninth CircuitApril 26, 1996No. 93-36100California2,783 words

Opinion

Lead Opinion

William Hale Thompson appeals the denial of his petition for a writ of mandamus 1 to compel the United States Parole Commission to hold a prompt revocation hearing on outstanding charges of parole violation and, if his parole is revoked, to credit his sentence on the underlying offense with time served on intervening bank robbery convictions. We affirm in part and reverse in part.

I.

Thompson was sentenced to fifteen years for bank robbery in 1982. He was paroled in August 1988, with approximately nine years remaining to be served. In September 1988, the Commission issued a warrant alleging five technical parole violations. 2 On November 20, 1988, Thompson voluntarily surrendered on the parole violator warrant. Two days later, a United States Parole and Probation Officer conducted a preliminary interview. Thompson admitted three of the violations and requested a revocation hearing. After the interview, the parole officer reported to the Commission that Thompson had “voluntarily surrendered to the United States Marshal’s [sic] Service on the Commissioner’s warrant” and “was in custody on the warrant,” and that the parole officer *314 found probable cause as to all of the…

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