Brown v. Kearney

• Court: U.S. Court of Appeals — Fifth Circuit
• Writing for the Court: PER CURIAM
• Citation: Brown v. Kearney, 355 F.2d 199 (5th Cir. 1966)
• Decision Date: 28 January 1966
• Docket Number: No. 22760.,22760.
• Parties: Emory Newton BROWN, Appellant, v. J. O. KEARNEY, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U. S. Board of Parole, Appellees.

355 F.2d 199 (1966)

Emory Newton BROWN, Appellant, v. J. O. KEARNEY, Warden, United States Penitentiary, Atlanta, Georgia and Richard A. Chappell, Chairman, U. S. Board of Parole, Appellees.

No. 22760.

United States Court of Appeals Fifth Circuit.

January 28, 1966.

Emory Newton Brown, Atlanta, Ga., for appellant.

Thomas K. McWhorter, Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., for appellees.

Before GEWIN and BELL, Circuit Judges, and HUGHES, District Judge.

PER CURIAM:

This is an appeal from an order of the United States District Court denying appellant's petition for habeas corpus. Appellant contends in his petition that the revocation of his conditional release from the United States penitentiary was based solely on evidence obtained by an illegal search and seizure.

While a parolee is entitled to constitutional protection from illegal search and seizure, it is not necessary for us to pass on this question in reaching our decision.

Parole is a matter of grace, not of right, and the revoking of parole is within the sound discretion of the Parole Board. Excluding the...