Scarpa v. US Board of Parole, 71-1602.
| Decision Date | 07 December 1971 |
| Docket Number | No. 71-1602.,71-1602. |
| Citation | 453 F.2d 891 |
| Parties | Robert J. SCARPA, Petitioner-Appellant, v. U.S. BOARD OF PAROLE, Walter Dunbar, Chairman, et al., Respondents-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Hughes Spalding Craft, Court appointed, Atlanta, Ga., for petitioner-appellant.
John W. Stokes, Jr., U.S. Atty., Richard H. Still, Jr., Asst. U.S. Atty., Atlanta, Ga., for respondents-appellees.
Before TUTTLE, GEWIN and GOLDBERG, Circuit Judges.
Appellant, an inmate in the United States Penitentiary, Atlanta, Georgia, brought this action for declaratory relief, alleging that he had not been afforded a fair, full, and just hearing by the United States Board of Parole.
On June 13, 1968 appellant was sentenced to eight years imprisonment by the United States District Court for the Eastern District of New York for forging endorsements on United States Savings Bonds. Imprisoned pursuant to 18 U.S.C. § 4208(a)(2) which vests the parole board with discretion to release a prisoner on parole at any time during his sentence, appellant was first granted a parole hearing on October 13, 1969. His application for release on parole was at that time denied and appellant instituted this action on the grounds that the board of parole had abused its discretion by failing to conduct a thorough investigation of appellant's suitability for parole. The district court denied relief.
We do not reach the merits of this appeal. In June, 1971 appellant appeared before the parole board for a second hearing. Although the hearing records were not made available to this court, the parties, having examined them, have agreed in open court that appellant was accorded full and fair consideration by the parole board at this second hearing. Therefore, any injury caused by the alleged deficiencies in appellant's initial hearing has been cured. Since the issues raised on this appeal are now moot, the action is dismissed.
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Scarpa v. US Board of Parole
...been accorded a full and fair consideration at the second hearing, the appeal was dismissed for mootness. Scarpa v. United States Board of Parole et al., 453 F.2d 891 (5th Cir. 1971). Subsequently, Scarpa objected to the dismissal, and petitioned this court for a rehearing which was granted......
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Scarpa v. US Board of Parole
...limitations for filing petition for rehearing, under the circumstances, and proceed to consider the appeal. The court's order of December 7, 1971, 453 F.2d 891, is hereby set Essentially, the appellant is here complaining of the fact that, although he was sentenced upon his plea of guilty t......
- PACE COMPANY v. Resor, 71-1974
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Brown v. US Attorney General, 71-3631 Summary Calendar.
...in this ruling, inasmuch as no complaint is made concerning the fairness of the hearing which later was held. See Scarpa v. U. S. Board of Parole, 5th Cir. 1971, 453 F.2d 891. Second, the appellant seeks credit on his federal sentence for the time spent in state custody from November 5, 197......