Legal Opinion
Sherman v. United States Parole Commission
Court of Appeals for the Ninth Circuit
Decided September 4, 2007No. 05-35364PublishedCited by 34 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
We consider whether an administrative warrant issued pursuant to 18 U.S.C. § 4213(a) for the retaking of an alleged parole violator is subject to the oath or affirmation requirement of the Fourth Amendment’s Warrant Clause. We hold it is not and therefore affirm the denial of petitioner’s habeas challenge to his detention on an unsworn parole violator warrant.
I
Petitioner Brent Sherman is a federal inmate currently being held by the Bureau of Prisons at the Federal Detention Center in Sheridan, Oregon. In 1982, he was sentenced to twenty-years imprisonment for two…
2Cases cited37 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Payton v. New YorkSupreme Court of the United States · 1980
- Gerstein v. PughSupreme Court of the United States · 1975
- Spencer v. KemnaSupreme Court of the United States · 1998
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3Cited by34 opinions
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- Micah Fialka-Feldman v. Oakland University Board of TrusteesCourt of Appeals for the Sixth Circuit · 2011
- Elizabeth Cornel v. State of HawaiiCourt of Appeals for the Ninth Circuit · 2022
- United States v. BanksCourt of Appeals for the Ninth Circuit · 2009
- Metropcs California, LLC v. Michael PickerCourt of Appeals for the Ninth Circuit · 2020
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