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McCleod v. U.S. Parole Commission

United States District Court, D. Columbia.

November 20, 2014

CRAIG McCLEOD, Petitioner,
v.
U.S. PAROLE COMMISSION, Respondent

CRAIG MCCLEOD, Petitioner, Pro se, Washington, DC.

For U.S. PAROLE COMMISSION, Defendant: Mary Ann Snow, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

Page 155

MEMORANDUM OPINION

CHRISTOPHER R. COOPER, United States District Judge.

This matter has come before the Court on Craig McCleod's petition for a writ of habeas corpus and the United State Parole Commission's opposition.[1] On August 22, 2014, the Court issued an Order directing petitioner to file a reply to respondent's opposition to his petition by September 22, 2014, an advising petitioner that the Court would treat respondent's factual assertions as conceded if he did not file a timely reply. Because petitioner has not filed a reply, the Court treats respondent's assertions of fact as conceded.

I. Background

Following his conviction for attempted distribution of cocaine, on January 16, 2009, the Superior Court of the District of Columbia (" Superior Court" ) sentenced petitioner to a 14-month term of incarceration followed by a five-year term of supervised release. U.S. Parole Comm'n Opp'n to Pet. for a Writ of Habeas Corpus (" Comm'n Opp'n" ) Ex. 1 (Judgment in a Criminal Case, United States v. McCleod, No. 2008 CF 8165 (D.C. S.Ct. Jan. 16, 2009)). Before petitioner began serving his supervised release term on September 4, 2009, id. Ex. 3 (Sentence Monitoring Computation Data as of 09-04-2009) at 3, the United States Parole Commission (" Commission" ) imposed two special conditions:

[1] [Y]ou shall be subject to the Special Drug and Alcohol Aftercare Condition that requires that you participate, as instructed by your [Community Supervision Officer (" CSO" )], in an approved inpatient or outpatient program for the treatment of narcotic addiction or drug

Page 156

and alcohol dependency. The treatment program may include testing and examination to determine if you have reverted to the use of drugs. You shall abstain from the use of alcohol and all other intoxicants during and after the course of treatment. If so instructed by a Bureau of Prisons institutional employee or your [CSO], you shall reside in[] and participate in a program of the Re-Entry and Sanctions Center until discharged by the Center Director; [and]
[2] [i]n addition, you shall participate in and complete anger management counseling as directed by your [CSO].

Id. Ex. 2 (Notice of Action dated September 2, 2009) at 1.

Due to petitioner's repeated failure to comply with the Special Drug and Alcohol Aftercare Condition, the Commission twice issued letters of reprimand, see id. Exs. 7, 9 (Official Letters of Reprimand dated June 29, 2010 and October 15, 2010, respectively), placed petitioner in a residential substance abuse treatment program, see id. Ex. 14 (Notice of Action dated September 13, 2011), placed petitioner in an outpatient substance abuse treatment program, see id. Ex. 15 (Notice of Action dated December 19, 2011), and placed petitioner in a secure residential substance abuse treatment program, see id . Ex. 21 (Notice of Action dated August 6, 2013). Ultimately, after a hearing before a parole commission hearing examiner, see id. Ex. 23 (Revocation Hearing Summary dated March 6, 2014), the Commission revoked petitioner's supervised release and ordered that he serve a new 13-month term of imprisonment followed by a new 42-month term of supervised release. See id. Ex. 24 (Notice of Action dated April 9, 2014) at 1. The term of incarceration began on July 9, 2013, the date on which the ...


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