Johnson v. Chappell
| Decision Date | 16 January 1964 |
| Docket Number | No. 17927.,17927. |
| Citation | 117 US App. DC 190,327 F.2d 888 |
| Parties | James William JOHNSON, Appellant, v. Richard A. CHAPPELL, Chairman U. S. Board of Parole, et al., Appellees. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Richard Littell, Washington, D. C. (appointed by this court) for appellant.
Mr. Howard A. Glickstein, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen., Burke Marshall, Messrs. David C. Acheson, U. S. Atty., and Harold H. Greene, Atty., Dept. of Justice, were on the brief, for appellees. Mr. William H. Willcox, Asst. U. S. Atty., also entered an appearance for appellees.
Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.
The real point on appeal revolves around the revocation of appellant's parole on the basis of evidence before the Board which was not the basis upon which the original arrest warrant for violation of parole had been issued. The evidence referred to was an indictment of appellant, followed by his plea of guilty, for violation of the Dyer Act. However, appellant had some six or seven months notice, prior to his final revocation hearing, that the Board considered this new evidence to be ground for revocation. In these circumstances we do not think the use of the evidence invalidates the revocation order.
Affirmed.
To continue reading
Request your trial
-
U.S. v. Wickham
...not his criminal conduct while on release, but violation of a noncriminal condition of probation. However, in Johnson v. Chappell, 117 U.S.App.D.C. 190, 327 F.2d 888 (D.C.Cir.1964), the court held that the parole board may use an intervening conviction as a basis for revoking parole despite......
-
Shelton v. United States Board of Parole, 20591
...States, 234 F.2d 813 (4th Cir. 1956); Neal v. Hunter, 172 F.2d 660 (10th Cir. 1949). 8 Citing Johnson v. Chappell, 117 U.S. App.D.C. 190, 327 F.2d 888 (1964), appellees contend that "the Board at the revocation hearing also took into account appellant's subsequent criminal conviction as it ......
-
Waller v. Drago
...parole warrant had issued in 1981. That the DWS conviction occurred after the parole warrant issued is irrelevant. In Johnson v. Chappel, 327 F.2d 888 (D.C.Cir.1964), plaintiff appealed revocation of his parole. The D.C. Circuit held that the parole board properly considered evidence of pla......
-
Avrutine v. United States, Civ. No. 13589.
...as it has a right to do.' Without a record of those revocation proceedings before us, we cannot say that Johnson v. Chappell, 117 U.S.App.D.C. 190 327 F.2d 888 (D.C. Cir. 1964),2 is controlling. In that case, we were careful to note that the parolee had ample advance notice of the Board's i......