665 Fed.Appx. 133 (3rd Cir. 2016), 16-3375, Saunders v. United States Parole Comm'n

Docket Nº:16-3375
Citation:665 Fed.Appx. 133
Opinion Judge:PER CURIAM
Party Name:DAVID SAUNDERS, Appellant v. UNITED STATES PAROLE COMMISSION
Attorney:David Saunders, Plaintiff - Appellant, Pro se, Delmont, NJ. For United States Parole Commission, Defendant - Appellee: Mark E. Coyne, Esq., Caroline A. Sadlowski, Esq., Office of United States Attorney, Newark, NJ; Anne B. Taylor, Esq., Office of United States Attorney, Camden, NJ.
Judge Panel:Present: MCKEE, JORDAN and RESTREPO, Circuit Judges.
Case Date:November 14, 2016
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 133

665 Fed.Appx. 133 (3rd Cir. 2016)

DAVID SAUNDERS, Appellant

v.

UNITED STATES PAROLE COMMISSION

No. 16-3375

United States Court of Appeals, Third Circuit

November 14, 2016

Submitted for Possible Summary Action on October 27, 2016 Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey. (D.N.J. Civ. No. 1-16-cv-00698). District Judge: Honorable Joseph H. Rodriguez.

David Saunders, Plaintiff - Appellant, Pro se, Delmont, NJ.

For United States Parole Commission, Defendant - Appellee: Mark E. Coyne, Esq., Caroline A. Sadlowski, Esq., Office of United States Attorney, Newark, NJ; Anne B. Taylor, Esq., Office of United States Attorney, Camden, NJ.

Present: MCKEE, JORDAN and RESTREPO, Circuit Judges.

Page 134

OPINION [*]

PER CURIAM

David Lee Saunders appeals from an order of the District Court dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2241. We will summarily vacate that order and remand for further proceedings consistent with this opinion.

I.

In October 1999, Saunders pleaded guilty in federal court to one count of bank robbery. He was sentenced to 48 months in prison followed by three years of supervised release. Saunders served his federal term of incarceration after completing a separate state sentence and, in June 2012, began his term of supervised release.

On November 13, 2013, a federal probation officer petitioned the District Court to issue a warrant for Saunders's arrest. According to the probation officer's petition, Saunders was being held in county jail in New Jersey on new criminal charges and, as a result, had violated the terms of his supervised release. The District Court granted the petition, thus subjecting Saunders to a federal detainer.[1]

Saunders was eventually convicted in state court of third-degree receiving stolen property. He was sentenced to five years in jail, concurrent with any sentence imposed by the District Court for Saunders's apparent violation of supervised release.

Saunders...

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