Hale

Hale v. Villalpando

Good Law
United States District Court, Southern District of CaliforniaOctober 12, 20233:22-cv-00467California2,041 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 Petitioner Hale is a former member of the United States Air Force. ECF No. 1 at 27 ¶ 1. While in service, he was convicted under the Uniform Code of Military Justice 28 (“UCMJ”) for various violations and sentenced to 3,040 days of confinement. Id. At the time that he filed the instant petition, he was housed at the Military Correctional Facility Miramar (“MCFM”). Id. Since then, in July 2022, Hale was transferred to his current location within the Federal Bureau of Prison system at USP Marion. ECF No. 11. The allegations in the Petition center around a disciplinary proceeding, DR 023-22, where Hale was charged with violation of Unauthorized Use of Mail or Telephone. ECF 1 at ¶ 6; ECF No. 18-2 at 9. This charge is defined as “[u]sing the mail or telephone for unauthorized purposes as specified by law, regulation, or MCF Rules.” Id. at 47. In the “Details of Charges” section of the D&A Board report, Postal Clerk Gonzalez gave a statement stating that as part of his duties, he was screening mail and found that Hale had named staff personnel in his outgoing mail correspondence, which was in violation of Rule 605, section…

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