Gambino

Gambino v. United States Parole Commission

Good Law
167 F. App'x 659
United States Court of Appeals for the Ninth CircuitFebruary 17, 2006No. 05-55246California995 words

Opinion

Lead Opinion

MEMORANDUM **

Rosario Gambino appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 1 Gambino is serving a 45-year sentence for his 1984 convictions on drug conspiracy charges. . We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

I

Gambino contends that the United States Parole Commission (“Commission”) violated his due process rights when it denied him parole in April 1999. He asserts that the Commission did not give him a fair hearing because it was biased against him by Roger Clinton’s efforts to lobby the Commission on his behalf, and by a resulting FBI investigation.

A prisoner is entitled to have his parole application considered by “a neutral and detached hearing body” that is “free from bias or prejudice.” O'Bremski v. Maass, 915 F.2d 418, 422 (9th Cir.1990) (internal quotations omitted). Administrative adjudicators are presumed to act with honesty and integrity. See Hortonville Joint Sch. Dist. No. 1 v. Hortonville Educ. Ass’n, 426 U.S. 482, 496-97 , 96 S.Ct. 2308 , 49 L.Ed.2d 1 (1976). To overcome this presumption, a petitioner alleging bias “must show that the adjudicator has prejudged or…

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