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Cutchin v. U.S. Parole Commission

United States District Court, D. Columbia.

October 31, 2014

DEMANNE CUTCHIN, Petitioner,
v.
U.S. PAROLE COMMISSION, Respondent

DEMANNE KENNETH CUTCHIN, Petitioner, Pro se, FAIRTON, NJ.

For UNITED STATES PAROLE COMMISSION, Respondent: Sherri Lee Berthrong, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge.

On November 19, 2013, Demanne Cutchin (" the petitioner" ) filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, and on January 28, 2014, the United States Parole Commission (" the Commission" ) filed its response. For the reasons discussed below, the petition will be denied.[1]

I. BACKGROUND

The petitioner challenges the calculation of his sentence. See Petition (" Pet." ) ¶ 5.

Page 155

He contends that because he has not received proper credit toward service of his sentences, he should have been released from custody in April 2010. See id. ¶ 13 (Ground One). In order to consider the petitioner's claim, the Court first recounts his criminal convictions and multiple parole revocations.

On November 24, 1992, for the petitioner's conviction of possession of a firearm during a crime of violence, the Superior Court of the District of Columbia (" Superior Court" ) imposed a prison sentence of five to 15 years, and for his conviction of receiving stolen property, it imposed a one to three year prison sentence. U.S. Parole Commission's Opposition to the Petitioner's Petition for a Writ of Habeas Corpus (" Resp't's Opp'n" ), Exhibit (" Ex." ) 1 (Face Sheet regarding Case Nos. F-3508-92D and F-5547-92C). The petitioner's aggregate maximum term of imprisonment was 18 years. See Resp't's Opp'n at 2.

The petitioner was first paroled on April 10, 1998, and he was to have remained under parole supervision until May 28, 2010. Id., Ex. 2 (Certificate of Parole dated March 2, 1998). The Commission revoked the petitioner's parole on August 21, 1998. See id., Ex. 3 (D.C. Reconsideration Hearing dated January 11, 1999) at 1; see also id., Ex. 36 (Declaration of Andrew Roush (" Roush Decl." )) ¶ 9. It also set August 20, 1999, as the effective date for his re-parole. Id., Ex. 4 (Notice of Action dated February 10, 1999) at 1. The petitioner's parole was delayed by 30 days to September 20, 1999, id., Ex. 5 (Notice of Action dated September 17, 1999), and upon his release, the petitioner was to remain under supervision until October 10, 2010, id., Ex. 6 (Certificate of Parole dated September 21, 1999) at 1.

On September 12, 2000, the petitioner was charged with violating four conditions of his parole: using dangerous and habit-forming drugs, failing to report for drug testing, failing to report to his supervision officer as directed, and failing to report a change of residence. Id., Ex. 7 (Warrant Application dated September 12, 2000) at 1. The Commission issued a parole violation warrant and the warrant was executed on November 29, 2000. Id., Ex. 9 (Revocation Hearing Summary dated April 29, 2001) at 1. Subsequently, on January 11, 2001, the petitioner was charged with another criminal offense upon his arrest on November 29, 2000, for possession with intent to distribute heroin. Id., Ex. 8 (Supplement to Warrant Application dated September 12, 2000). The petitioner's revocation hearing took place on April 20, 2001, id., Ex. 9 at 1, resulting in the revocation of his parole and forfeiture of his street time.[2] Id., Ex. 10 (Notice of Action dated June 15, 2001) at 1. The Commission initially set May 29, 2003, as the date for the petitioner's presumptive parole release. Id., Ex. 10 at 1. After two adjustments, see id., Exs. 11-12 (Notices of Action dated February 19, 2002 and April 9, 2002, respectively), the petitioner was re-paroled on May 14, 2002. Id., Ex. 13 (Certificate of Parole dated May 15, 2002) at 1. The petitioner was to remain under parole supervision until July 9, 2013. Id., Ex. 13 at 1.

On November 24, 2003, the petitioner was charged with three violations of the conditions of his parole: using dangerous and habit-forming drugs, failing to submit to drug testing, and failing to report to his supervision officer as directed. Id., Ex. 14 (Warrant Application dated November 24, 2003) at 1-2.

Page 156

 The Commission issued its warrant on November 24, 2003. Id., Ex. 14 at 2. It later charged the petitioner with another parole violation arising from his arrest and conviction for escape from a police officer.[3]See id., Exs. 15-16 ...


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