George I. Benny v. United States Parole Commission

George I. Benny (“Benny”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 or, alternatively, a writ of mandamus under 28 U.S.C. § 1361 . Benny seeks termination of parole supervision and asserts two due process claims arising from a parole revocation proceeding. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). We affirm in part, vacate the judgment and remand.

I

Benny was sentenced to 30 years imprisonment following a jury conviction of mail fraud and racketeering. See United States v. Benny, 786 F.2d 1410, 1413-14 (9th Cir.1986). He served the first 10 years of his sentence in prison. The United States Parole Commission (“Commission”) released Benny on parole on December 16, 1993 to serve the remainder of his sentence. In addition to standard terms of parole, the Commission imposed special conditions regulating Benny’s financial disclosures, eligibility for employment and involvement in real estate activities.

Benny was charged twice in 1995 with violating the terms of his parole. In January of that year, a probation officer reported that Benny failed to disclose personal income and loans he made to…