610 F.2d 449 (6th Cir. 1979), 78-3531, Steinberg v. Police Court of Albany, N. Y.

Docket Nº:78-3531.
Citation:610 F.2d 449
Party Name:Martin B. STEINBERG, Petitioner-Appellant, v. POLICE COURT OF ALBANY, NEW YORK, et al., Respondents-Appellees.
Case Date:December 14, 1979
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 449

610 F.2d 449 (6th Cir. 1979)

Martin B. STEINBERG, Petitioner-Appellant,

v.

POLICE COURT OF ALBANY, NEW YORK, et al., Respondents-Appellees.

No. 78-3531.

United States Court of Appeals, Sixth Circuit

December 14, 1979

Submitted Oct. 8, 1979.

Page 450

Martin B. Steinberg, pro se.

Patrick H. Molloy, U. S. Atty., John M. Compton, Asst. U. S. Atty., Lexington, Ky., for respondents-appellees.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

HARRY PHILLIPS, Senior Circuit Judge.

Petitioner-appellant Martin B. Steinberg, a prisoner in the Federal Correctional Institute, Lexington, Kentucky, appeals from the district court's denial of his application for a writ of habeas corpus. We affirm.

I

In February 1974, the United States District Court for the Northern District of Texas sentenced petitioner-appellant Steinberg to a term of seven years' imprisonment. In May 1976, Steinberg was paroled.

A special condition of the parole required Steinberg to "seek outpatient mental therapy while on parole." After his release, Steinberg was treated at Jackson Memorial Hospital in Miami, Florida, first by the Crisis Intervention unit and later by the Lithium Group Clinic. As part of his treatment program, he received medication.

In December 1976, Steinberg left Miami and went to Orlando, Florida, where he rented an automobile. He drove to Albany, New York, where he was arrested for possession of the car, which the rental agency had reported stolen when Steinberg failed to return it. Steinberg entered a plea of guilty to a charge of unauthorized use of a motor vehicle, a lesser offense than possession of a stolen vehicle.

Subsequently, Steinberg was transferred to federal custody. The United States Parole Commission found that he had violated his parole by leaving the Miami area without permission, by ceasing to participate in the Lithium Clinic's outpatient treatment program, and by using a motor vehicle without authorization. The Commission found that the third violation constituted new criminal conduct. Applying re-parole guidelines, 28 C.F.R. § 2.21, the Commission revoked Steinberg's parole and specified that he must serve 24 to 32 months before becoming eligible for re-parole.

Page 451

Steinberg attempted unsuccessfully to withdraw his state court guilty plea and to have the decision of the Parole Commission reversed. His application for a writ of habeas corpus was denied by the district court and he appeals.

II

Steinberg asks for habeas corpus relief from two different judgments. First, he asks this court to overturn his state court conviction on the ground that it is based on an invalid guilty plea. Second, he argues that the Parole Commission's judgment revoking his parole is arbitrary and capricious because it is based on the invalid state court conviction.

Steinberg says his failure to take his medication in December 1976, caused him to lose contact with reality. He claims to have no memory of why he rented a car and went to Albany or what he did before his arrest. Therefore, he contends that he could not be held criminally responsible for stealing the car. Moreover, he says, he was mentally incompetent to plead guilty and his guilty plea, therefore, was invalid. Finally, he argues that he entered a plea of guilty in return for a parole officer's unfulfilled promise that his parole would not be revoked and says that this made his plea involuntary. He now wants to withdraw the guilty plea and stand trial in the Police Court.

Steinberg's purpose in seeking to withdraw the guilty plea is to undercut his parole revocation. Implicit in his pro se request for habeas corpus relief from the Commission's...

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