Summary
The United States District Court for the District of Kansas denied a military prisoner's 28 U.S.C. § 2241 petition challenging the forfeiture of sentence credit for time spent on Mandatory Supervised Release. Applying the arbitrary-and-capricious standard, the court held that the Naval Clemency and Parole Board had a rational basis for denying street-time credit retroactive to January 1, 2023.
Holdings
- The Board's decision to deny Cook credit for street time from January 1, 2023, was not arbitrary and capricious because it had a rational basis in the record.
- The court could not reweigh the evidence, reassess credibility, or substitute its judgment for the Board's discretionary determination where the record supplied a rational basis.
Questions Presented
- Whether the Naval Clemency and Parole Board acted arbitrarily and capriciously by denying Cook credit for Mandatory Supervised Release street time dating back to January 1, 2023, despite the earliest documented violation occurring on April 13, 2023.
Disposition
dismissed
Cases Cited (2)
- Peltier v. Booker, 348 F.3d 888, 892-93 (10th Cir. 2003)(followed)
- D’Agnese v. United States Navy Clemency & Parole Bd., 2006 WL 1410030, at *1-2 (D. Kan. May 23, 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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