Roberts

United States v. Roberts

Good Law
238 F. App'x 219
United States Court of Appeals for the Ninth CircuitJune 15, 2007No. 06-10449California382 words

Opinion

Lead Opinion

MEMORANDUM **

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. George Bemis Roberts (“Appellant”) asserts that the United States Parole Commission (“Parole Commission”) erred in setting the United States full term expiration date to be that set by Japan, because the latter date did not account for actual time served and credits computed by the Bureau of Prisons (“BOP”).

Appellant poses his challenge as disputing the Parole Commission’s 18 U.S.C. § 4106A(b)(1) release date determination. Under § 4106A(b)(1)(A), the Commission must “determine a release date and a period and conditions of supervised release ..., as though the offender were convicted in a United States district court of a similar offense.” The statute also articulates the information to be used by the Parole Commission in its release date determination and mandates that “[t]he combined periods of imprisonment and supervised release that result from [the Commission’s] determination shall not exceed the term of imprisonment imposed by the foreign court on that offender.” § 4106A(b)(l)(B), (C).

The substance of Appellant’s challenge is not to the Parole…

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