Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 79 C 5407 - Frank J. McGarr, Judge.
Wood, Circuit Judge, Pell, Senior Circuit Judge, and Grant, Senior District Judge.*fn*
WOOD, Jr., Circuit Judge.
Petitioner Hanahan's appeal and respondents' cross-appeal challenge, respectively, the district court's decisions that Hanahan was not entitled to credit against his sentence for the time spent on court-ordered bail following the revocation of his parole and that Hanahan was entitled to credit against his sentence for time spent on court-ordered bail before the revocation of his parole. We hold that the district court lacked jurisdiction of the case, and we vacate its judgment.
Petitioner Hanahan was convicted of bank robbery and robbery of an Internal Revenue Service facility in 1969 and sentenced to 15 years' imprisonment. He was paroled on November 17, 1975. On December 3, 1979, Hanahan and four others were discovered by the police in the parking lot of Northwest Federal Savings Association in Chicago. Hanahan, driving a van, led the police on a high-speed chase. he was apprehended and the van was searched. The search uncovered several handguns, rubber face masks, a crowbar and a sledge hammer.
On December 17, 1979, the United States Parole Commission issued a parole violator warrant against Hanahan, charging him with unauthorized association with known criminals, unauthorized possession of firearms, possession of a stolen motor vehicle, and conspiracy to commit robbery. Hanahan was taken into federal custody pursuant to the warrant on December 18, 1979. A supplemental warrant, issued on February 15, 1980, charged Hanahan with unauthorized association with a known felon and leaving the district without permission.
On December 26, 1979, Hanahan, who was confined at the Metropolitan Correctional Center ("MCC") in Chicago, filed a petition for a writ of habeas corpus, naming as respondents Dennis Luther, the Warden of MCC, and William Pilcher, Chief Probation Officer for the Northern District of Illinois. In the petition, Hanahan challenged his "protracted confinement without [a] hearing to determine whether proper cause exists for such confinement." Hanahan also filed an emergency motion for release pending a parole revocation hearing. The motion was granted; bond was set at $20,000 (10% secured) on the condition that Hanahan appear for his revocation hearing. The bond was filed on December 17, 1979, and Hanahan was released.
Hanahan received a revocation hearing on April 29, 1980 and, pursuant to a ruling by the Parole Commission, a second revocation hearing on August 18, 1980. On September 10, 1980, the Parole Commission, having determined that Hanahan had violated his parole, entered an order revoking parole. This decision was affirmed by the Regional Commissioner on October 16, 1980, and by the National Appeals Board on January 28, 1981. Hanahan's motions to continue on bail pending administrative review had been granted by the district court on September 25, 1980 and November 24, 1980. Following the National Appeals Board decision affirming the revocation decision, the government orally moved to have Hanahan remanded to the custody of the Attorney General. The motion was denied and Hanahan was given leave to file an amended petition. Hanahan's amended petition, which challenged the revocation decision on statutory and constitutional grounds, was filed on February 3, 1981.
On July 2, 1981, the district court denied the petition. On this same date, Hanahan's oral motion to allow the present bond to stand as an appeal bond was granted and the government's oral motion to remand Hanahan to the custody of the Attorney General was denied. On August 27, 1982, this court affirmed the district court's decision dismissing the petition. Hanahan v. Luther, 688 F.2d 844, 693 F.2d 629 (7th Cir. 1982). On October 1, 1982, the government's motion to vacate the appeal bond and to remand Hanahan to the custody of the Attorney General was granted. Hanahan was ordered to surrender on October 18, 1982. He was subsequently transferred to the United States Penitentiary at Terre Haute, Indiana. On January 24, 1983, Hanahan's petition for a writ of certiorari was denied. 459 U.S. 1170, 103 S. Ct. 815, 74 L. Ed. 2d 1013 (1983).
On February 7, 1983, the Parole Commission set a presumptive reparole date of October 18, 1984, giving Hanahan credit for time spent on parole. The period of time from December 27, 1979 to October 17, 1982, when Hanahan was free on court-ordered bail, was found to be "inoperative time."
On September 19, 1983, Hanahan filed with the district court a motion to grant him credit against his sentence for time spent on bail. On December 12, 1983, the district court granted Hanahan credit for the time period from December 27, 1979, when Hanahan was released on bond, to September 10, 1980, when the Parole COmmission entered an order revoking Hanahan's parole. Credit was denied for the time period from September 11, 1980 to October 17, 1982, when Hanahan, free on bail, was exhausting his administrative and judicial remedies. Hanahan filed a notice of appeal on January 3, 1984. The respondents cross-appealed on February 10, 1984.
Respondents contend, as they did in the district court, that that court lacked jurisdiction to ...