Boyden

Boyden v. Reno

Good Law
106 F.3d 267·97 Daily Journal DAR 707·1997 WL 29595·1997 U.S. App. LEXIS 1368·97 Cal. Daily Op. Serv. 457
United States Court of Appeals for the Ninth CircuitJanuary 21, 1997No. 95-55993California1,030 words

Opinion

Lead Opinion

Federal prisoner Gerald Boyden appeals the district court’s denial of his habeas corpus petition pursuant to 28 U.S.C. § 2241 . Boyden contends that the district court should have quashed his United States Parole Commission (“Commission”) warrant be *268 cause: (1) the Commission was abolished by the Sentencing Reform Act; and (2) his Canadian sentence had expired under the terms of the Treaty between the United States and Canada on the Execution of Penal Sentences. We find no merit in either claim and affirm the district court.

FACTS

Boyden was arrested on October 12, 1975 in Canada for smuggling heroin from Thailand. He was convicted on February 25, 1976 and sentenced to twenty years imprisonment, with credit for the time served following his arrest. He applied for a transfer to a prison in the United States pursuant to the Treaty between the United States and Canada on the Execution of Penal Sentences, T.I.A.S. No. 9552 (July 19, 1977) (“Treaty”). On October 12,1978, Boyden wás transferred to the custody of the Attorney General of the United States pursuant to 18 U.S.C. § 4100 . In 1986, he was paroled.

In December 1993, Boyden’s case analyst recommended that the Commission…

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