583 F.3d 1028 (7th Cir. 2009), 08-4307, Lucas v. Montgomery

Docket Nº:08-4307.
Citation:583 F.3d 1028
Opinion Judge:FLAUM, Circuit Judge.
Party Name:Losardo LUCAS, Petitioner-Appellant, v. Jesse MONTGOMERY, Respondent-Appellee.
Attorney:Jonathan W. Garlough, Attorney (argued), Frank E. Pasquesi, Attorney, Foley & Lardner, LLP, Chicago, IL, for Petitioner-Appellant. Michael M. Glick, Attorney, Karl R. Triebel, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.
Judge Panel:Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.
Case Date:October 22, 2009
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 1028

583 F.3d 1028 (7th Cir. 2009)

Losardo LUCAS, Petitioner-Appellant,

v.

Jesse MONTGOMERY, Respondent-Appellee.

No. 08-4307.

United States Court of Appeals, Seventh Circuit.

October 22, 2009

Argued Sept. 9, 2009.

Page 1029

Jonathan W. Garlough, Attorney (argued), Frank E. Pasquesi, Attorney, Foley & Lardner, LLP, Chicago, IL, for Petitioner-Appellant.

Michael M. Glick, Attorney, Karl R. Triebel, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

In 1985, Losardo Lucas was convicted of murder, weapon possession, and assault in an Illinois state court. He was sentenced to forty-two years in prison. While serving his term, Lucas had over twelve years of good-conduct credit revoked. In March 2005 Lucas filed a petition for a writ of habeas corpus in the Northern District of Illinois. Lucas's petition asserts that the manner in which the Illinois Department of Corrections revoked his good-conduct credit violated his constitutional due process rights. The district court denied Lucas's petition but granted a Certificate of Appealability. For the reasons set forth below, we affirm the district court's denial of the habeas petition.

I. Background

In Illinois, the revocation of good-conduct credit is handled by the prison adjustment committee of the Illinois Department of Corrections (IDOC) and the Prison Review Board (PRB). When a prisoner allegedly commits an offense punishable by revocation of good-conduct credit, the prison adjustment committee convenes a hearing. See Ill. Admin. Code tit. 20, § 504.80. No less than twenty-four hours prior to the hearing, the offender must receive written notice of the facts and charges against him. Id. At the hearing, the offender may appear before and address the committee, make statements and produce documents in his defense, and call witnesses. Id. At the conclusion of the hearing, if the committee finds that good-conduct credit should be revoked, the committee gives a written statement of reasons for their finding. Id. When the amount of good-conduct credit to be revoked exceeds thirty days, the PRB must approve the prison adjustment committee's finding and recommendation to revoke. See id. § § 107.150(c) & 1610.170(a). Upon review, the PRB may: (1) concur with the adjustment committee's recommendation; (2) refuse to follow the recommendation to revoke the credits; or (3) reduce the penalty recommended. Id. The PRB may not increase the amount of good-conduct credit to be revoked. See id.

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