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NOBLE v. UNITED STATES PAROLE COMMN.

May 31, 1995

MATTHEW NOBLE, Petitioner,
v.
UNITED STATES PAROLE COMMISSION, Respondent.



The opinion of the court was delivered by: STANLEY SPORKIN

 This matter comes before the Court on Petitioner Matthew Noble's petition for a writ of habeas corpus seeking credit for his time served on parole. Petitioner is currently under parole supervision of the United States Parole Commission ("U.S.P.C" or "Commission"). On May 28, 1993, the Commission issued a warrant for petitioner's arrest for an alleged parole violation. Because of the violation, the U.S.P.C. denied the petitioner credit for the time he had served on parole between March 11, 1988 and May 28, 1993. For the reasons stated below, this Court grants petitioner's motion to grant credit.

 Background

 Petitioner seeks credit for the 1,479 days he previously served on his D.C. sentence. In order to understand the specifics of his claim, a brief history of petitioner's criminal record is required. Petitioner was convicted on December 5, 1978, of unlawful distribution of a controlled substance in violation of 21 U.S.C. § 841(a) and was sentenced in federal district court to three years probation. On May 18, 1981, petitioner's probation was revoked, and he was sentenced to a period of confinement of one year and one day in a federal institution, plus a parole term of two years.

 After his release, on or about December 18, 1981, petitioner began serving his two-year parole term. The petitioner violated the terms of the parole and was returned to a federal institution on March 19, 1983. He was subsequently released on September 21, 1984, to serve the remaining portion of his parole Term.

 While serving his parole for the second time, petitioner was convicted in D.C. Superior Court for the unlawful distribution of a controlled substance in violation of the D.C. Code, and was sentenced on September 13, 1985 to a term of seven years and six months imprisonment. The remaining portion of the federal parole term and the new D.C. sentence were aggregated by the Bureau of Prisons to a sentence of nine years, two months and seven days, pursuant to 18 U.S.C. §§ 4161 and 4205. Of the 110 months of petitioner's aggregated sentence, 90 months were deemed a local sentence under the D.C. Code, and the remaining 20 months were deemed a federal sentence under the U.S. Code. The Bureau of Prisons estimated a parole eligibility date of July 13, 1987 and a full-term expiration date of March 20, 1994 for the aggregated sentence.

 Under this aggregated sentence, petitioner was released on parole on March 11, 1988 with 2,197 days remaining to be served. *fn1" On May 28, 1993, the Commission issued a warrant for petitioner's arrest for alleged violations of his parole because the petitioner tested positive for drugs. By Notice of Action issued on December 1, 1993, the Commission revoked petitioner's parole. The Commission also forfeited petitioner's time served on parole ("street time") totalling 1,902 days. As a result, the termination date of petitioner's aggregated sentence was recomputed by the Bureau of Prisons to February 21, 1999. Once again, after serving time petitioner was paroled on October 7, 1994 with 1,597 days remaining to be served on his aggregated sentence. Currently, he is under parole supervision of the Commission.

 Petitioner argues that under the Good Time Credits Act, D.C. Code § 24-428 et seq. (1989) ("GTCA") he should be granted credit for the 1,479 days he served on parole for his D.C. sentence from March 11, 1988 to May 28, 1993.

 Analysis

 I. Jurisdiction

 Petitioner filed for a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Although the portion of his sentence at issue is related to his D.C. Code offense, this Court has jurisdiction over the matter because petitioner was detained by the U.S.P.C. in a federal prison on aggregated federal and local sentences. Jones v. Cunningham, 371 U.S. 236, 243, 9 L. Ed. 2d 285, 83 S. Ct. 373 (1963) (due to restraints and conditions of parole order, paroled prisoners are in "custody" of members of the Board.) *fn2"

 II. Statutory interpretation

 Petitioner argues that section 24-431 of the GTCA, passed on April 11, 1987, grants him credit for his street time. Section 24-431(a) reads in pertinent part:

 
Every person shall be given credit on the maximum and the minimum term of imprisonment for time spent in custody or on parole as a result of the offense for which the sentence was imposed. When entering the final order in any case, the court shall provide that the person be given credit for the time spent in ...

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