Legal Opinion
Joel Munguia v. U.S. Parole Commission, Tom Kindt
Court of Appeals for the Fifth Circuit
Decided April 28, 1989No. 88-1158PublishedCited by 26 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
In 1982, while serving a special parole term, Joel Munguia was convicted of a misdemeanor. In 1984, the U.S. Parole Commission revoked Munguia’s special parole term based on subsequent administrative violations unrelated to the 1982 conviction, but without prehearing notice of the possible penalty, applied the earlier conviction to forfeit Munguia's “street time.” We conclude that because the forfeiture of street time was nondiscretionary and, indeed, was mandated by statute, the lack of prehearing notice of the penalty did not offend Munguia’s due process…
2Cases cited9 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Charles Curtis Harris v. Irl Day, Warden United States Parole CommissionCourt of Appeals for the Tenth Circuit · 1981
- Thomas Dewey Lambert v. Warden, U. S. Penitentiary, and the United States Parole CommissionCourt of Appeals for the Fifth Circuit · 1979
- United States ex rel. Del Genio v. United States Bureau of PrisonsCourt of Appeals for the Seventh Circuit · 1980
- Leonard Vanes v. United States Parole CommissionCourt of Appeals for the Ninth Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. John Curtis KindredCourt of Appeals for the Fifth Circuit · 1990
- Penjuke v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 2019
- Artuso v. HallCourt of Appeals for the Fifth Circuit · 1996
- Manuel Cortinas v. United States Parole Commission, Southwest RegionCourt of Appeals for the Fifth Circuit · 1991
- Dietz v. SandersCourt of Appeals for the Sixth Circuit · 2004
21 more not listed; retrieve them via the Exa API.