Bailey v. Fulwood
945 F. Supp. 2d 62
D.D.C.2013Background
- Bailey was convicted of rape in DC Superior Court in 1994 and sentenced to 15 to 45 years.
- He became parole-eligible on September 11, 2004, with prior parole denials in 2004 and 2007.
- Plaintiff challenges parole decisions in 2010 and 2012.
- USPC applied the DC Board of Parole's 1987 Regulations, not the 2000 Guidelines, in those decisions.
- Plaintiff asserts retroactive application of parole guidelines violated the Ex Post Facto Clause; defendants move to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ex post facto claim viability | Bailey alleges retroactive application of 2000 Guidelines increased punishment | USPC applied 1987 Regulations, not retroactive Guidelines | No ex post facto violation; 1987 Regulations were applied. |
| Authority and rationale for upward departure | Departure undermines parole fairness | 1987 Regulations allowed upward departure in unusual circumstances | Upward departure supported by record and written factors. |
Key Cases Cited
- Garner v. Jones, 529 U.S. 244 (Supreme Court 2000) (ex post facto risk standard for retroactive guidelines)
- Phillips v. Fulwood, 616 F.3d 577 (D.C. Cir. 2010) (upward departure under 1987 Regulations)