The opinion of the court was delivered by: Richard Mills, District Judge
"Life is not so short but that there is always
time enough for courtesy."
Letters and Social Aims (1876).
The Court now considers Petitioner Steven W. Maisenbacher's Petition for Writs of Habeas Corpus and Mandamus. See 18 U.S.C. § 2241.
On May 9, 1986, this Court sentenced Petitioner Steven W. Maisenbacher for armed robbery, conspiracy to commit armed robbery, and possession of firearm by a convicted felon. See United States v. Maisenbacher, 86-CR-30012 (C.D.Ill. 1986). The United States Parole Commission (the "Commission") paroled the Petitioner on December 21, 1998. After the Petitioner was arrested for drug-related and other offenses, the Court revoked his parole and sent him back to prison on April 12, 1999. On March 1, 2000, the Commission paroled the Petitioner for a second time. The terms of this second parole were to remain in effect until January 28, 2016. These terms included a complete prohibition on the use of illegal drugs.
The Petitioner did not satisfy the terms of his parole for long. On May 11, 2000, the United States Probation Office reported that he had tested positive for illegal drugs and failed to submit to scheduled drug tests.
The Commission issued a warrant for the Petitioner's arrest on June 6, 2000.
Two important instructions accompanied the parole violator warrant. First, it stated that the United States Marshal's Service was not to execute the warrant if the Petitioner was "already in the custody of a federal or state authority." Second, the warrant stated that "if a criminal arrest warrant has been issued for [the Petitioner], execution of such criminal warrant shall take precedence and the Parole Commission is to be notified before its warrant may be executed."
On June 20, 2000, the Petitioner robbed a bank in Harvel, Illinois. The police apprehended the Petitioner less than a half hour after the robbery and he confessed.
United States Magistrate Judge Byron G. Cudmore issued a warrant on June 22 ordering the Marshal's Service to bring the Petitioner to court so he could answer a criminal complaint stemming from the armed robbery. See U.S. v. Maisenbacher, 00-30046 (C.D.Ill. 2000). That same day, the Marshal's Service executed Judge Cudmore's warrant and the Commission's parole violator warrant alike.
The Marshal's Service contacted the Commission on June 28 to advise it that the Commission's warrant had been mistakenly executed. On March 24, 2001, the Commission issued an order stating that its "warrant is to be held as a detainer against" the charges arising from the June 20, 2000, bank robbery. The order further explained that the execution of the warrant was "contrary to instructions as there was a new criminal warrant."
The Petitioner's lawyer wrote to the Commission on August 22, 2001, in an effort to resolve the merits of the June 6, 2000, parole violator warrant. The Commission never responded to that letter or Petitioner's ...