915 F.2d 1572 (6th Cir. 1990), 90-1043, Lawson v. Gluch

Docket Nº:90-1043.
Citation:915 F.2d 1572
Party Name:Thomas Clay LAWSON, Petitioner-Appellant, v. John GLUCH, Respondent-Appellee.
Case Date:October 11, 1990
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1572

915 F.2d 1572 (6th Cir. 1990)

Thomas Clay LAWSON, Petitioner-Appellant,


John GLUCH, Respondent-Appellee.

No. 90-1043.

United States Court of Appeals, Sixth Circuit

October 11, 1990

         Editorial Note:

         This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

        E.D.Mich., No. 89-N298; John Feikens, J.



        Before DAVID A. NELSON and ALAN E. NORRIS, Circuit Judges, and GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.


        Thomas Clay Lawson, a pro se federal prisoner, appeals the district court's judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241.

        This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

        Lawson was released on parole on January 20, 1984, while serving a ten-year sentence for receiving stolen property transported in interstate commerce. Following an October 1984 conviction for driving while intoxicated (DWI), Lawson received a letter of reprimand from the United States Parole Commission. The letter ordered him to participate in an alcohol treatment program and warned that his failure to do so would result in an arrest warrant based on the DWI conviction.

        Lawson failed to complete the program. In July 1985 he was indicted by the state of Ohio for receiving stolen property (RSP) and was again ordered into a treatment program. Finally, after evidence was discovered in October 1985 that Lawson had used marijuana in violation of his parole, he was arrested pursuant to a parole violator warrant that cited the DWI conviction, the RSP indictment, and the unauthorized use of narcotics.

        After a hearing, Lawson's parole was revoked, his credit for street time was forfeited, and he was ordered to serve twenty-two months in prison before reparole. Because of his subsequent acquittal on the state RSP charge, his time to be served before reparole was reduced to sixteen months. This decision was affirmed by the National Appeals Board.

        Lawson filed a petition for a writ of habeas corpus claiming...

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