Bender v. United States Parole Commission
2015 U.S. App. LEXIS 16644
| 5th Cir. | 2015Background
- Anthony Bender, a U.S. citizen, was convicted in Costa Rica of three counts of rape and sentenced to 30 years (360 months); Costa Rica set a preliminary release date of Feb. 19, 2035.
- Bender transferred to U.S. custody under the Council of Europe Convention on the Transfer of Sentenced Persons; the U.S. Parole Commission set his federal release date and supervised-release period.
- The PSR described violent facts of the offense, calculated a life Guidelines range (adjusted offense level 43) but noted the foreign sentence was 360 months; criminal-history category I (one point) was used.
- The Hearing Examiner heard victim testimony and Bender’s testimony about severe prison conditions in Costa Rica and denied a downward departure for abuse, recommending 360 months minus good-time credits and five years supervised release (or until expiration of the foreign term).
- The Parole Commission adopted the recommendation and set a release date of Sept. 13, 2031; Bender appealed, arguing (1) the Commission exceeded the statutory maximum/created an impermissibly indeterminate sentence that devalues good-time credits, and (2) the release-date determination was procedurally and substantively unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission’s imposition of imprisonment plus supervised release violates the statutory maximum (exceeds foreign sentence) | Bender: a U.S. court would not impose 30 years plus 5 years supervised release when foreign sentence was 30 years; the combination unlawfully exceeds the statutory maximum | Commission: statute allows "as though" treatment but limits combined time to not exceed foreign sentence; regulations treat time served (not nominal sentence) as the metric | Court: affirmed Commission under Chevron deference—combined imprisonment + supervision permissible so long as total supervision ends by expiration of foreign sentence |
| Whether the supervised-release term that shortens/lengthens with good-time credits (an "accordion" or indeterminate sentence) is impermissible | Bender: indeterminate term violates federal policy and devalues good-time credits because earlier release increases supervision length | Commission: regulation authorizes supervised release to run from actual release to foreign sentence expiration; this both preserves good-time credit benefits and ensures total duration not shortened | Court: upheld Commission’s regulation as reasonable under Chevron; supervised-release structure is permissible and results in a known maximum period |
| Whether reliance on "bare arrest records" at the hearing violated due process | Bender: Examiner referenced arrests; using bare arrests to increase severity was improper | Commission: Examiner considered many factors and relied on convictions and victim testimony as primary bases | Court: even if plain error, Bender failed to show prejudice; any error did not affect substantial rights |
| Whether the Examiner procedurally or substantively erred by not granting a downward departure for severe abuse in Costa Rica or by inadequately weighing substance abuse and conditions | Bender: Manual requires or strongly presumes departure for torture/severe abuse; Examiner failed to account for conditions and addiction | Commission: Manual is internal guidance without binding legal rights; Examiner considered abuse and substance history but declined departure due to offense severity | Court: Manual does not create mandatory presumption; record shows Examiner considered and weighed abuse and substance history and did not abuse discretion; sentence was procedurally and substantively reasonable |
Key Cases Cited
- Molano–Garza v. U.S. Parole Comm’n, 965 F.2d 20 (5th Cir. 1992) (Transfer-Treaty prisoner review and deference principles)
- United States v. Tsui, 531 F.3d 977 (9th Cir. 2008) (upholding Commission regulation on supervised release running to foreign sentence)
- Cafi v. U.S. Parole Comm’n, 268 F.3d 467 (7th Cir. 2001) (permissibility of treating transferees with prison first then supervised release to equalize incarceration)
- Thorpe v. U.S. Parole Comm’n, 902 F.2d 291 (5th Cir. 1990) (Parole Commission makes release-date determinations, not federal sentences; must consider foreign good-time credit)
- Chevron U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984) (agency deference framework)
- Barnhart v. Walton, 535 U.S. 212 (2002) (upholding reasonable agency interpretation against arbitrary/unreasonable claim)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review standard for sentences)