Blackburn v. U. S. Board of Parole
Blackburn v. U. S. Board of Parole
Opinion of the Court
Petitioner, Guy Junior Blackburn, is presently incarcerated in the East Baton Rouge Parish Jail in Baton Rouge, Louisiana, awaiting a parole revocation hearing. He was originally sentenced by the United States District Court for the Southern District of Georgia to serve a sentence of four years and one day. He began serving his sentence on October 13, 1964, and was released on parole on September 1, 1967. On April 4, 1968, a parole violation warrant for his arrest issued by the United States Parole Board
He now petitions this Court for a writ of habeas corpus, and in the alternative seeks to be released on bail pending his hearing. Both of his requests are without merit.
This Court is without authority to hear his application for habeas corpus until such time as he has exhausted his administrative remedies, including his probation revocation hearing, United States ex rel. Jacobs v. Barc, 141 F.2d 480 (6 Cir. 1944), cert. den. 322 U.S. 751, 64 S.Ct. 1262, 88 L.Ed. 1581; Hurley v. Reed, 110 U.S.App.D.C. 32, 288 F. 2d 844 (1961), and unless he has been held in custody for an unreasonable time, this Court has no authority to release him either on a writ of habeas corpus or on bail. United States ex rel. William M. Vance v. Kenton, 252 F.Supp. 344 (Conn. 1966). Under the circumstances of this case, petitioner has not been detained an unreasonably long time. See United States ex rel. Obler v. Kenton, 262 F.Supp. 205 (Conn. 1967).
For these reasons, petitioner’s application for a writ of habeas corpus is denied and his motion to be released on bail pending revocation hearing is also denied.
Reference
- Full Case Name
- Guy Junior BLACKBURN v. U. S. BOARD OF PAROLE
- Status
- Published