Johnny M. Ybarra v. Ed Dermitt

Two letters, attached to the presentence report were included in Ybarra's institutional file and were examined by the Parole Commission before denying him parole in March 1978, and again in March 1979. After the second denial Ybarra filed a petition for a writ of habeas corpus and requested that the letters be removed from his file. The magistrate Judge denied the petition and Ybarra appealed to the district court. The district court also denied the request and from this denial Ybarra appealed to this Court. The issue raised on this appeal is whether there is a rational basis in the record for the Parole Board's denial of the petitioner's request for parole in light of the fact the Board considered two letters that the appellant argues should not be in his prison file.