United States District Court, S.D. Indiana, Terre Haute Division
ORDER DENYING WRIT OF HABEAS CORPUS PURSUANT TO 28
U.S.C. § 2241 AND DIRECTING ENTRY OF FINAL
JANE MAGNUS-STINSON, CHIEF JUDGE UNITED STATES DISTRICT
Petrie seeks a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. Specifically, Mr. Petrie asserts that he
is being unconstitutionally detained and imprisoned because
the Parole Commission was improperly vindictive in his parole
revocation hearing. For the reasons discussed in this Order,
his petition for writ of habeas corpus is
August 14, 1987, the U.S. District Court for the District of
Oregon sentenced Mr. Petrie to a mandatory minimum term of 15
years' imprisonment for being a felon in possession of a
firearm. Dkt. 17-1 at 2-6. Mr. Petrie was released on August
29, 1996, and subject to mandatory supervision. Id.
at 19. His supervision did not go well.
December 11, 1996, the Commission issued a warrant charging
Mr. Petrie with violating his mandatory release supervision
based on new charges from an arrest on November 28, 1996, in
Coos Bay, Oregon for burglary, possession of methamphetamine,
being a felon in possession of a firearm, and possession of
stolen property. Id. at 21-25. On March 12, 1997,
Mr. Petrie pleaded guilty to robbery with a firearm and being
a felon in possession of a firearm in Coos County Circuit
Court, Coquille, Oregon and was sentenced to a combined
sentence of 204 months' imprisonment with a post-prison
supervision term of 36 months. Id. at 26-32.
February 12, 1998, Mr. Petrie was again convicted of being a
felon in possession of a firearm after three violent felony
convictions and sentenced in the U.S. District Court for the
District of Oregon to 231 months' imprisonment and five
years of supervised release, to run concurrently with his
state sentence. Id. at 33-36. Mr. Petrie completed
this sentence on November 16, 2014, and was then taken into
custody on the Parole Commission's warrant related to his
1987 sentence. Id. at 23, 37-38.
January 1, 2015, a hearing examiner conducted an
institutional revocation hearing for Mr. Petrie related to
his 1987 felon in possession conviction. Id. at
39-42. On February 5, 2015, the Commission revoked Mr.
Petrie's mandatory release, did not credit any of the
time Mr. Petrie spent on mandatory release, and ordered
parole effective October 15, 2015, after service of 227
months. Id. at 43-46. On July 29, 2015, the
Commission extended the parole date by 30 days, based on a
Bureau of Prisons incident report indicating that a
Disciplinary Hearing Officer found Mr. Petrie guilty of use
of an intoxicant - alcohol. Id. at 47-48.
November 24, 2015, Mr. Petrie was released from custody and
subject to supervision until October 29, 2020. Id.
at 49-52. However, on December 30, 2015, Mr. Petrie's
U.S. Probation Officer requested a warrant because Mr. Petrie
admitted using methamphetamine, had absconded from the
Residential Reentry Center, and had failed to report to the
Probation Officer as required. Id. at 53-55. On
January 7, 2016, the Commission issued a warrant charging Mr.
Petrie with use of dangerous and habit forming drugs and
failure to report a change in residence. Id. at
56-58. The warrant was executed on March 7, 2016, and Mr.
Petrie was arrested. Id. at 59-60.
April 5, 2016, Mr. Petrie had a preliminary interview and
signed an application for acceptance to the Short Term
Intervention for Success Program (SIS), under 28 C.F.R.
§ 2.66(d).Id. at 61-62 (summary of
preliminary interview), 69-72 (SIS application). The
Commission approved Mr. Petrie's application, and on
April 25, 2016, the Commission ordered parole effective after
service of 5 months (on August 6, 2016), and imposed a
special drug aftercare condition that required Mr. Petrie to
participate in a drug rehabilitation program if directed by
his U.S. Probation Officer and approved by the Commission.
Id. at 73-75.
Petrie was released to supervision on August 5, 2016. See
Id. at 12. However, on August 31, 2016, Mr. Petrie's
supervision officer notified the Commission that on August
12, 2016, Mr. Petrie left an inpatient substance abuse
treatment program without approval. Id. at 76-77.
The officer notified the Commission that Mr. Petrie was in
custody waiting for a federal supervised release revocation
hearing. Id. at 77.
October 17, 2016, Mr. Petrie's supervision officer
notified the Commission that on October 7, 2016, Mr. Petrie
had been admitted to a Residential Reentry Center at the
order of the U.S. District Court, but on October 14, 2016,
Mr. Petrie left the center, without permission. Id.
at 79-80. On October 24, 2016, Mr. Petrie was arrested on the
federal supervised release warrant, and was awaiting a
supervised release revocation hearing. Id. at 82.
November 30, 2016, the Commission issued a warrant charging
Mr. Petrie with violating his drug aftercare condition and
failing to report to his supervision officer. Id. at
83-85. The warrant was executed on March 4, 2017.
Id. at 7.
preliminary interview on April 7, 2017, Mr. Petrie again
filled out an application for the SIS program, under 28
C.F.R. § 2.66(d). Id. at 96-99. On June 6,
2017, however, Mr. Petrie declined the Commission's
expedited revocation proposal, which would have required him
to serve 12-months' imprisonment, with a parole effective
date of September 1, 2017, followed by drug aftercare.
Id. at 101. Instead, Mr. Petrie requested an
in-person revocation hearing.
August 31, 2017, a hearing examiner from the Commission
conducted an institutional revocation hearing for Mr. Petrie.
Id. at 103-105. Mr. Petrie admitted to the
violations and said that he declined the expedited proposal
because he had already scheduled surgery to receive a
pacemaker. Id. at 104. Mr. Petrie's case manager
told the hearing examiner that the Bureau of Prisons would
need ninety days to place Mr. Petrie. Id. The
examiner noted that Mr. Petrie could be considered a risk
because this was the third parole revocation on this
sentence, and his record showed 18 prior convictions and 15
prior commitments. Id. The examiner recommended