United States Tenth Circuit

In a habeas petition under 28 U.S.C. section 2241 challenging the U.S. Parole Commission's decision to revoke his parole and set an above-guidelines reconsideration date of 15 years, the denial of the petition is affirmed where: 1) the police report regarding petitioner's offenses, the police officer's testimony, and petitioner's own testimony provided sufficient indicia of reliability under Kell to permit the admission of the victim's statements; and 2) the use of evidence of dismissed charges did not violate petitioner's rights, especially since the board needed only find a violation by a preponderance of the evidence.

Appellate Information

• Decided 11/24/2010
• Published 11/24/2010

Judges

• Timothy M. Tymkovich

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Bruce A. Curtis, Lanny D. Welch