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Petrie v. Krueger

United States District Court, S.D. Indiana, Terre Haute Division

January 30, 2019

MICHAEL PETRIE, Petitioner,
v.
JEFFREY KRUEGER Warden, Respondent.

          ORDER DENYING WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 AND DIRECTING ENTRY OF FINAL JUDGMENT

          HON. JANE MAGNUS-STINSON, CHIEF JUDGE UNITED STATES DISTRICT COURT.

         Michael Petrie seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241[1]. 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 denied.

         I. Background

         On 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.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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).[2]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.

         Mr. 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.

         On 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.

         On 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.

         At his 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.

         On 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 ...


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