Reilly

Johnson v. Reilly

Good Law
349 F.3d 1149·2003 WL 22705511
United States Court of Appeals for the Ninth CircuitNovember 18, 2003No. 01-36033California2,811 words

Opinion

Lead Opinion

Wallace, J.

Johnson appeals from the decision of the district court denying his petitions for a writ of mandamus to the United States Parole Commission (Commission), for ha-beas corpus, and for declaratory relief. The district court assumed jurisdiction over this case pursuant to 28 U.S.C. § 2241 . 28 U.S.C. § 1291 provides us with jurisdiction to the extent that the district court denied Johnson’s requests for mandamus and declaratory relief. We dismiss in part and affirm in part.

*1152 I.

Johnson began serving the first of his relevant prison terms in this ease after an October 9, 1986 sentencing. He was to be incarcerated for twenty-two years, followed by a special six-year parole term for convictions under 21 U.S.C. § 841 (a) (possession of cocaine and marijuana with the intent to distribute) and 18 U.S.C. Appendix § 1202(a) (felon in possession of a firearm). He was paroled in 1993 and, in 1996, following the recommendation of his parole officer, the Commission discharged Johnson from his regular parole and ordered that he begin serving his six-year special parole term on March 1,1997.

Nearly a year later, Johnson became the prime suspect in an Oregon murder. Law enforcement officials…

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