Mainer v. United States Attorney General, 29386 Summary Calendar.
| Decision Date | 22 July 1970 |
| Docket Number | No. 29386 Summary Calendar.,29386 Summary Calendar. |
| Citation | 429 F.2d 389 |
| Parties | Philip J. MAINER, Plaintiff-Appellant, v. UNITED STATES ATTORNEY GENERAL, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Albert H. Hanemann, Jr., New Orleans, La. (Ct. Appt.), for appellant.
Gerald J. Gallinghouse, U. S. Atty., Eastern Dist. of La., James D. Carriere, Asst. U. S. Atty., New Orleans, La., for the United States.
Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.
We have directed the Clerk to place this case on the Summary Calendar in accordance with the Fifth Circuit Rule 18.
Philip J. Mainer appeals from an order of the district court denying in part the relief requested. We affirm.
May 1965, the appellant was convicted and sentenced to five years for transferring counterfeit Federal Reserve Notes. March 1966, he was convicted and sentenced to a second five year term for possessing counterfeit Federal Reserve Notes. The sentences were to run concurrently.
April 9, 1969, the appellant was released from custody under 18 U.S.C. §§ 4161-4166. August 30 he was arrested in Raceland, Louisiana, on charges of burglary. September 10 a violator warrant was issued by the United States Board of Parole in Washington directing the United States Marshal in New Orleans to assume custody of Mainer. He was arrested and brought to New Orleans on September 15. The next day, a United States Probation officer conducted a preliminary interview. Mainer was advised of his right to a local revocation hearing; his right to be represented by counsel and his right to have witnesses testify on his behalf. He denied violating the conditions of his release and requested a local hearing at which he could have an attorney present. A hearing was scheduled for October 31 in New Orleans.
October 30 Mainer pleaded guilty to the state charges and was sentenced to four years imprisonment. When the Parole Board was advised of Mainer's guilty plea, his local hearing was cancelled. November 24 he was removed to the Federal Correctional Institution at Texarkana, Texas. A formal revocation hearing was scheduled for January 1970. That hearing was postponed since Mainer was in New Orleans testifying in the proceedings in the district court. At the conclusion of those hearings, the district court ordered that Mainer be given a formal hearing before March 31, 1970. February 19 a formal revocation hearing was held at the Atlanta Federal Penitentiary.
On appeal, Mainer abandons his original complaint that he was denied due process of law by not being granted a speedy hearing before the Parole Board. He now argues that he was denied his right to a local revocation hearing to contest the alleged violation.
To assure every alleged federal parole violator due process, the United States Board of Parole adopted procedures based on Hyser v. Reed, 1963, 115 U.S.App.D.C. 254, 318 F.2d 225. These procedures require a probation officer to conduct a preliminary hearing when an alleged violator is taken into custody. The probation officer must advise the parolee that if he has been convicted of a crime or if he admits the...
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United States ex rel. Martinez v. Alldredge, 72-1086.
...guilty plea and conviction, were matters of public record, of which a court may take judicial notice. See Mainer v. United States Attorney General, 429 F.2d 389 (5th Cir.1970), estopping a parolee who had pled guilty to a felony under state law from contesting the fact of his parole violati......
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Norman v. Connecticut State Board of Parole
...v. Turner, 425 F.2d 1207 (10th Cir. 1970); Gaskins v. Kennedy, 350 F. 2d 311, 313 (4th Cir. 1965); cf. Mainer v. United States Attorney General, 429 F.2d 389, 391 (5th Cir. 1970); Starnes v. Markley, 343 F.2d 535, 537 (7th Cir.), cert. denied, 382 U.S. 908, 86 S.Ct. 246, 15 L.Ed.2d 160, reh......
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Villarreal v. U.S. Parole Com'n
...that this regulatory provision antedates the Supreme Court's decision in Morrissey v. Brewer, supra. See Mainer v. United States Attorney General, 429 F.2d 389, 390 (5th Cir.1970). In Mainer, we held that the denial of a local revocation hearing pursuant to the regulatory precursor of § 2.4......
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United States v. Schrieber, 73-C-1830.
...plea of guilty in state court, he, no doubt, can no longer contest the fact of parole violation. Mainer v. United States Attorney General, 5th Cir. 1970, 429 F.2d 389, 391. The issue defendant's application presented is whether there is authority for admitting him to bail, and, whether, if ......