Legal Opinion
Baker v. Turnbo
District Court, N.D. California
Decided September 22, 1982No. C 82-1469 SAWPublishedCited by 4 opinions
1Opinion of the Court
ORDER
WEIGEL, District Judge.
Kenneth M. Baker has petitioned this Court for a writ of habeas corpus directing his immediate release from federal custody pursuant to 28 U.S.C. §§ 2241 arid 2243. The Court finds the petition meritorious and grants the relief requested for the following reasons.
First, the United States Parole Commission improperly supplemented a parole warrant application with another charge of a parole violation against petitioner long after the petitioner’s special term concluded. “[T]he Parole Commission is powerless to supplement a mandatory release violator warrant after the…
2Cases cited14 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Seymour Kloner v. United StatesCourt of Appeals for the Second Circuit · 1976
- United States ex rel. Carson v. TaylorCourt of Appeals for the Second Circuit · 1976
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3Cited by4 opinions
- Leonard Vanes v. United States Parole CommissionCourt of Appeals for the Ninth Circuit · 1984
- Phillip H. Joiner v. Gary L. Henman, Warden, and United States Parole CommissionCourt of Appeals for the Seventh Circuit · 1990
- D'Amato v. United States Parole CommissionCourt of Appeals for the Second Circuit · 1988
- Frank D'AmAto v. United States Parole Commission, Thomas Stabile v. United States Parole Commission, James R. Moore v. United States Parole Commission and Dennis M. LutherCourt of Appeals for the Second Circuit · 1988