United States v. Glen Hamilton Clinkenbeard

Clinkenbeard appeals from the district court’s 1 denial of his section 2255 petition in which he claims the parole board’s refusal to parole him frustrated the sentencing court’s intent. The district court, construing this as a claim under Kortness v. United States, 514 F.2d 167 (8th Cir. 1975), held that Clinkenbeard was entitled to no relief in that Kortness was inapplicable, and that even if Kortness was applicable, it would impose the same sentence on resentencing. Clinkenbeard also claimed that he had been denied due process of law because the board had failed to follow proper procedures…