Smallwood v. United States Parole Commission
2011 U.S. Dist. LEXIS 41044
| D.D.C. | 2011Background
- Petitioner, a Moorish-American national, was on supervised release (began Oct 11, 2007) and facing a parole term (began Jun 12, 2005).
- USPC issued warrants after alleged violations and conducted a probable-cause hearing on Aug 18, 2009.
- Petitioner sought habeas relief arguing DC Code § 24-403.01 violates separation of powers and claims equal protection.
- USPC has authority to issue warrants, revoke release, and impose or modify conditions under DC Code and federal regulations.
- Supervised release revocation proceedings are administrative, not criminal prosecutions, and do not require full criminal-trial protections.
- Court denied the petition, holding no separation-of-powers violation and no equal-protection violation; petition dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DC Code § 24-403.01 violates separation of powers | Smallwood argues separation of powers is breached by USPC authority | USPC has administrative authority to revoke supervised release | No separation-of-powers violation. |
| Whether Smallwood's equal protection claim is viable | Smallwood asserts Moorish-Americans are disadvantaged by USPC actions | No evidence of disparate treatment; bare assertion insufficient | Equal protection claim dismissed. |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (parole revocation procedures are not criminal prosecutions; due process required in revocation hearings)
- Franklin v. District of Columbia, 163 F.3d 625 (D.C. Cir. 1998) (transfers of parole authority to USPC; administrative nature of proceedings)
- Geraghty v. U.S. Parole Comm'n, 719 F.2d 1199 (3d Cir. 1983) (USPC lacks judicial function; separation of powers concerns limited)
- Artez v. Mulcrone, 673 F.2d 1169 (10th Cir. 1982) (parole/release revocation decisions are administrative)
- Page v. U.S. Parole Comm'n, 651 F.2d 1083 (5th Cir. 1981) (parole release decisions; not part of criminal prosecution)
- Jones v. United States, 669 A.2d 724 (D.C.1995) (supervised release revocation is functionally equivalent to parole revocation)