David Neal Judd v. Benjamin F. Baer, Chairman, United States Parole Commission, Joseph S. Petrovsky, Warden, United States Penitentiary/atlanta

This case presents the novel question of whether the failure of the National Appeals Board of the Parole Commission (NAB) to render a decision within sixty days of receipt of an appeal, as mandated by Title 18 U.S.C. sec. 4215(b), creates an entitlement to habeas relief on the part of the prisoner or parolee awaiting the decision. We answer this question in the negative and AFFIRM the district court’s dismissal of appellant’s petition for habeas corpus.

Appellant David Neal Judd pled guilty to charges of conspiring to import and possess marijuana with intent to distribute and importing and…