Legal Opinion

McMillian v. United States Attorney General

District Court, S.D. New York

Decided September 19, 1986No. 84 Civ. 3850 (SWK)Published

1Opinion of the Court

KRAM, District Judge.

Petitioner Christopher McMillian petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner argues that a federal parole violation warrant lodged as a detainer against him by the United States Parole Commission prior to his conviction under state law violated his right to due process protected by the Fourteenth Amendment, and should be vacated.1 Petitioner seeks relief on two grounds. First, he claims that his guilty plea was vacated before the end of his federal probation period, thus nullifying the underlying basis for the warrant. He…

2Cases cited2 opinions

  1. George Heath v. United States Parole Commission and Robert Henderson, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  2. Robin v. ThomasDistrict Court, S.D. New York · 1983

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