United States District Court, D. Columbia.
CALVIN SQUIRE, Plaintiff, Pro se, Washington, DC.
For ISAAC FULWOOD, JR., Chairman, United States Parole Commission, NANCY WARE, Director of CSOSA, YOLANDA STOKES, Sex Offender Registry Specialist, Offender Processing Unit, Defendants: Sherri Lee Berthrong, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.
JAMES E. BOASBERG, United States District Judge.
Having recently been paroled, Calvin Squire filed this pro se Petition for a Writ of Habeas Corpus, bringing two challenges in this Court. First, he claims that his parole is invalid because it is based on a defective parole-violation warrant. Second, he attacks his underlying conviction, citing purported infirmities in his plea of guilty. Finding that the typographical error Squire points out does not render his parole illegal, and that this Court lacks jurisdiction to entertain challenges to his original conviction, the Court will deny the Petition.
In 1974, Petitioner Squire pled guilty to rape and simple assault and was given an indeterminate sentence of 5 to 15 years in D.C. Superior Court. See Opp., Exh. 1 (Judgment and Commitment Order). After serving several years of that sentence, he was paroled in March 1979. See id., Exh. 3 (Board of Parole Order). Two years later, while still on parole, Squire was convicted in Maryland of first-degree murder and use of a handgun in the commission of a felony. See id., Exh. 9 (Letter dated January 30, 1981). On January 29, 1981, he was sentenced to life plus 15 years for these crimes, see id., and later received an additional 20 years for robbery with a deadly weapon and use of a handgun. See id., Exh. 10 (Letter dated December 13, 1982). The D.C. Parole Board issued a parole-violation warrant when it learned of Squire's activity in Maryland. See id., Exh. 6 (Order); id., Exh. 7 (Warrant). Because Squire was in custody at that time, it lodged the warrant as a detainer so that he would not be released from prison until the Board had the opportunity to act in his case. See id., Exh. 8 (Detainer Request).
Decades later, in 2012, Squire was released from custody after a new trial in Maryland resulted in resentencing. See Pet., ¶ ¶ 8-9. In that new proceeding, Squire received a term of life with the execution of the sentence suspended as to all but 32 years, with credit for time served. See id. He was then released from Maryland custody, at which time the 1981 parole-detainer warrant was executed. See Opp., Exh. 15 (Warrant). In June 2013, the U.S. Parole Commission -- which had gained jurisdiction over D.C. felony offenders in 1998 -- revoked Squire's parole based on the Maryland convictions. See id., Exh. 20 (Notice of Action). The Commission ordered that he receive no credit for the time he had spent on parole. See id. Squire was thereafter re-paroled on September 16, 2013, and is to remain under parole supervision until August 12, 2022. See id., Exh. 21 (Certificate of Parole);
id., Exh. 22 (Bureau of Prisons Sentence-Monitoring Computation Data). As a condition of his release, Squire must register as a sex offender. See Pet. at 6-7.
Unhappy with the extension of his parole, Squire now brings this Petition for a Writ of Habeas Corpus.
D.C. prisoners, like any others, are entitled to habeas relief if they establish that their " custody [is] in violation of the Constitution or laws or treaties of the United States . . . ." 28 U.S.C. § 2241(c)(3). While Squire is no longer physically confined, this does not itself defeat his challenge; he is presently on parole, and that is enough to " keep him in the 'custody' of" the Parole Commission " within the meaning of the habeas corpus statute . . . ."
Jones v. Cunningham, 371 U.S. 236, 243, 83 S.Ct. 373, 9 L.Ed.2d 285 (1963); Matthews v. Meese, 644 F.Supp. 380, 381 (D.D.C. 1986) (" custodian of a parolee is his . . . parole officer" ).
Squire challenges his parole on two fronts. He claims that the Board lacks jurisdiction over him now due to a defect in the 1981 parole-violation warrant, and he argues that infirmities in his original D.C. conviction render ...