Elias Castillo Tijerina v. Richard Thornburgh, Attorney General of the United States

EDITH H. JONES, Circuit Judge:

Petitioner Elias Castillo Tijerina appeals from an order of the district court denying his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Affirming the conclusions of the U.S. magistrate, the district court agreed that the Parole Commission has the ultimate discretion to sentence a defendant to concurrent or consecutive prison terms for crimes committed while on parole, despite the sentencing judge’s recommendation that Tijerina should serve concurrent terms for his second narcotics conviction and his parole violation. Petitioner challenges…