Raney v. Cobb

Simon C. Sotelo was sentenced to fifteen years imprisonment on March 30, 1979, by the United States District Court for the Northern District of California, 545 F. Supp. 1128, upon his conviction for conspiracy to distribute heroin. On July 2, 1981, while he was incarcerated at the Federal Correctional Institute in Englewood, Colorado, Sotelo instituted the present action pursuant to 28 U.S.C. § 2241. John T. Hadden, warden of the correctional institution, and the United States Parole Commission were named as defendants. The gravamen of the petition was that, in refusing to fix a date for release on parole, the Commission abused its discretion by acting contrary to its own guidelines. The district court agreed with Sotelo and entered judgment directing the Commission to redetermine Sotelos parole status. The defendants appeal. We reverse.