Ramsey v. Faust
2013 U.S. Dist. LEXIS 64218
| D.D.C. | 2013Background
- Ramsey petitions for writ of habeas corpus challenging USPC actions related to parole supervision and registration.
- He was sentenced by a DC Superior Court in 1984 to 5–15 years for assault with intent to commit rape (conviction 1978).
- While serving, he was paroled from Virginia in 1988 and returned to DC to complete the sentence; parole supervision extended to 2013.
- A 1997 Parole Board warrant for parole violations was issued; USPC supplemented the warrant in 2002 after learning of Illinois convictions.
- Parole was revoked in 2003; reparole occurred in 2003 with supervision through 2013; subsequent reprimands and re-impositions followed, including a Maryland detainer.
- In 2012 USPC again revoked parole; petition challenges authority and sex-offender registration under SORA; court denies and dismisses the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| USPC authority to supplement warrant and revoke parole | Ramsey argues USPC exercised improper judicial function | USPC validly administers parole; acts under DC law | USPC authority valid; no separation-of-powers violation |
| Duty to conduct a 1997 revocation hearing | Parole Board owed timely hearing after warrant | No due process duty until custody following execution of warrant | No obligation to hold hearing before execution of warrant; delay permissible |
| Credit for good time/educational credit | Credit not properly applied; would expire term earlier | Credits do not shorten full term; only affect eligibility/release timing | No entitlement to sufficient credit to expire the term before warrant dates |
| Sex-offender registration under SORA | Registration not part of DC Superior Court sentence; unconstitutional | SORA applies; CSOSA/USPC authority to require registration | SORA applicable; registration required as condition of release under USPC/CSOSA |
Key Cases Cited
- Anderson v. Holder, 647 F.3d 1165 (D.C. Cir. 2011) (SORA registration is civil; not punitive; CSOSA authority)
- Moore v. U.S. Parole Comm’n, N/A (N.D. Cal. 2011) (Parole proceedings are administrative, not criminal trials)
- Maddox v. Elzie, 238 F.3d 437 (D.C. Cir. 2001) (Parole proceedings are separate from criminal prosecutions)
- Moody v. Daggett, 429 U.S. 78 (1976) (Operative event triggering liberty loss is execution of warrant)
- Geraghty v. U.S. Parole Comm’n, 719 F.2d 1199 (3d Cir. 1983) (Parole decisions do not occur within criminal prosecutions)
- Winters v. Ridley, 596 A.2d 569 (D.C. 1991) (Good-time credits do not reduce the maximum sentence; post-revocation credits differ)