United States Eighth Circuit
Mitchell v. US Parole Comm'n, 07-1715
Dismissal of a habeas petition challenging the revocation of parole is affirmed where: 1) the Parole Commission's failure to conduct a timely early-termination hearing was merely a procedural error and did not render petitioner's custody unlawful; and 2) a writ of mandamus is the proper method to compel the Commission to hold a timely early-termination hearing and make a decision pursuant to 18 U.S.C. section 4211(c)(1); and 3) even construing the petition as one for mandamus, dismissal was proper.
Appellate Information
- Decided 08/15/2008
- Published 08/15/2008
Judges
- Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Arnold Mitchell, pro se.
- For Appellees:
- Howard J. Marcus, Asst. U.S. Atty., St. Louis, MO, for Appellee.