United States v. Calvin Hollow Horn Bear

HEANEY, Senior Circuit Judge.

Calvin Hollow Horn Bear sought to dismiss parole revocation proceedings on the grounds that the Parole Board’s decision on appeal was untimely. The district court denied the parolee’s motion to dismiss on the grounds that he had not been prejudiced by the delay. We affirm and remand to the district court with directions that it consider the merits of the parolee’s claim. See 8th Cir.R. 12(a).

I

Calvin Hollow Horn Bear was on parole on September 12, 1988 when he was charged in tribal court with disorderly conduct and aggravated assault. Horn Bear argued that he could…