816 F. Supp. 2d 7
D.D.C.2011Background
- Petitioner Shaun A. Rogers filed a habeas petition under 28 U.S.C. §§ 2241 and 2243 on July 21, 2011.
- USPC issued a supervision warrant charging six violations of supervised release, including alleged assaults and a civil‑protection order violation.
- A probable cause hearing was held August 3, 2010, and probable cause was found; a revocation hearing was scheduled for September 29, 2010 but postponed.
- The revocation hearing was eventually held July 27, 2011, with the examiner recommending revocation and additional incarceration and supervised-release terms.
- The USPC revoked supervised release and ordered 15 months’ incarceration from July 29, 2010, followed by a 21‑month supervised release; petitioner argued delay in hearings harmed him.
- The court denied the petition as moot because the revocation hearing occurred and no habeas relief is warranted for delayed hearings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay in the revocation hearing entitles habeas relief. | Rogers argues delay harmed him and warrants release. | Delay is not automatic release; remedy is mandamus to compel hearing. | Delay not a basis for release; petition denied as moot. |
Key Cases Cited
- Hill v. Johnston, 750 F. Supp. 2d 103 (D.D.C. 2010) (delay not grounds for immediate release; mandamus remedy available)
- Sutherland v. McCall, 709 F.2d 730 (D.C. Cir. 1983) (mandamus to compel hearing, not habeas relief)