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Ramsey v. Faust

United States District Court, District of Columbia

May 6, 2013

JAMES EDWARD RAMSEY, Petitioner,
v.
THOMAS FAUST, et al., Respondents

JAMES EDWARD RAMSEY (1:12-cv-01818), Petitioner, Pro se, GLENVILLE, WV.

For EDWARD F. REILLY, JR., ISAAC FULWOOD, JR., 12cv1910, U.S. PAROLE COMMISSION, 12cv1910 (1:12-cv-01818), Respondents: Sherri Lee Berthrong, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

JAMES EDWARD RAMSEY (1:12-cv-01910), Petitioner, Pro se, GLENVILLE, WV.

For ISAAC FULWOOD, JR., Warden, U.S. PAROLE COMMISSION (1:12-cv-01910), Defendants: Sherri Lee Berthrong, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

OPINION

Page 78

MEMORANDUM OPINION

ROSEMARY M. COLLYER, United States District Judge.

This matter is before the Court on James Edward Ramsey's petition for a writ of habeas corpus, as amended. [1] For the reasons discussed below, the petition will be denied and this action will be dismissed.

I. BACKGROUND

On June 6, 1984, in the Superior Court of the District of Columbia, petitioner was sentenced to a five to 15 year term of imprisonment on his conviction for assault with intent to commit rape, an offense committed on December 23, 1978. United States' Opp'n to the Pet'r's Pet. for a Writ of Habeas Corpus (" Gov't Opp'n" ), at 2; see id., Ex. 1-2 (Judgment and Commitment Order dated June 6, 1984 and excerpt from presentence report, respectively). At the time of sentencing, petitioner was serving a prison term in Virginia; upon his parole by the Virginia authorities on April 7, 1988, he was returned to the District of Columbia to begin to serve the sentence imposed by the Superior Court. See id., Ex. 3-4 (Certificate of Discharge, Virginia Parole Board, dated September 23, 1988 and Face Sheet dated January 14, 1992, respectively). The former District of Columbia Board of Parole (" Parole Board" ) released petitioner on August 27, 1992. [2] Id., Ex. 6 (Certificate of Parole

Page 79

dated February 27, 1992). Petitioner was to remain under supervision until April 11, 2003. Id., Ex. 6 at 1.

On December 1, 1997, the Parole Board issued a warrant for petitioner's arrest on charges of having violated two administrative conditions of his parole release. See id., Ex. 9 (Warrant No. PE-32627-97 dated December 1, 1997). Specifically, plaintiff had not kept his parole officer informed of his address and employment, and he otherwise had not followed his parole officer's instructions. Id., Ex. 7 (Report of Alleged Violation(s) dated October 28, 1997) at 1-2. For these reasons, he was deemed to have " absconded from Parole Supervision." Id., Ex. 7 at 3. At that time, the Parole Board was not aware that petitioner had been convicted and sentenced in the Circuit Court of Cook County, Illinois, in November 1996, to a 15-year term of imprisonment for armed robbery and aggravated vehicle hijacking/weapon. Id., Ex. 10 (Order of Sentence and Commitment to Illinois Department of Corrections dated November 27, 1996). Upon receipt of this information, the United States Parole Commission (" USPC" ), which by then had assumed parole authority with respect to District of Columbia Code offenders, see D.C. Code § 24-131(a), directed that the Parole Board's warrant be lodged as a detainer with the Illinois authorities. Gov't Opp'n, Ex. 13 (Letter to Blair Leibach, Warden, Danville Correction Center, Danville, Illinois, from Steve Gagliardi, Case Analyst, USPC, dated December 2, 2002). In addition, USPC charged petitioner with an additional violation of the conditions of his parole release: a law violation arising from his arrest and conviction in Illinois for armed robbery and aggravated vehicular hijacking with a weapon. Id., Ex. 14 (Supplement dated December 12, 2002). Upon petitioner's release by the Illinois authorities, the Parole Board's warrant was executed on February 21, 2003. Id., Ex. 17 (Warrant return dated February 21, 2003).

USPC conducted a parole revocation hearing on April 21, 2003 at which petitioner was represented by counsel. Id., Ex. 19 (Revocation Hearing Summary dated April 21, 2003) at 1. Petitioner admitted the Illinois convictions and thereby admitted his guilt for the law violations with which he was charged. Id., Ex. 19 at 2. USPC revoked parole. Id., Ex. 20 (Notice of Action dated May 6, 2003) at 1. When petitioner was reparoled on August 26, 2003, he ...


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