Fassler

Fassler v. Pendleton

Good Law
48 F. App'x 627
United States Court of Appeals for the Ninth CircuitOctober 4, 2002No. 01-16168; D.C. No. CY-00-510-TUC-WDBCalifornia1,484 words

Opinion

Lead Opinion

*628 ORDER

Appellant’s petition for panel rehearing is granted in part and the memorandum disposition filed April 29, 2002, is withdrawn and replaced by the amended memorandum disposition filed concurrently with this order. Except to the extent granted by the amended memorandum disposition, the petition for panel rehearing is denied.

AMENDED MEMORANDUM **

Lawrence Fassler (“Fassler”) appeals the District Court’s denial of his petition for Writ of Habeas Corpus challenging the U.S. Parole Commission’s (“Commission”) revocation of his parole. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo the district court’s denial of Fassler’s petition for habeas corpus. McLean v. Crabtree, 173 F.3d 1176, 1180 (9th Cir.1999); Bono v. Benov, 197 F.3d 409, 411 (9th Cir.1999) (review district court’s findings of fact for clear error). Our review of the Commission’s decision to revoke Fassler’s parole, however, is very narrow; we consider only whether the Commission exceeded its statutory authority or violated the constitution. Wallace v. Christensen, 802 F.2d 1539, 1551-52 (9th Cir.1986). We affirm in part and reverse in part and remand to the District Court with…

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