Bridge v. United States Parole Commission

981 F.2d 97
CourtCourt of Appeals for the Third Circuit
DecidedDecember 1, 1992
DocketNo. 92-3110
StatusPublished
Cited by10 cases

This text of 981 F.2d 97 (Bridge v. United States Parole Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridge v. United States Parole Commission, 981 F.2d 97 (3d Cir. 1992).

Opinion

OPINION OF THE COURT

COWEN, Circuit Judge.

The United States Parole Commission (“Parole Commission”) calculated a parole eligibility date for William Bridge (“Bridge”) based partially on a finding that Bridge had committed a bombing, a charge to which he had not pled guilty. In a proceeding prior to the matter now under review, the district court vacated Bridge’s parole date because the parole hearing record failed to provide a rational basis for the conclusion that Bridge participated in the bombing.

After gathering additional evidence implicating Bridge in the bombing, the Parole Commission conducted a rehearing and once again found that Bridge was responsible for the bombing. The district court, when reviewing this second determination by the Parole Commission, held that its first order established conclusively that no evidentiary basis supported this finding and implicitly barred evaluation of new evidence. Therefore, the district court concluded that the Commission’s failure to appeal the earlier order had waived its right to challenge that decision. The Parole Commission now appeals from this second ruling arguing that (1) this court has jurisdiction to review the merits of the appeal; and (2) the district court erred by precluding the Commission from reconsidering new evidence linking Bridge to the bombing. We agree with the Parole Commission and will reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Appellee Bridge is a prisoner at the Federal Correctional Institution at Loretto, Pennsylvania serving a six year sentence for possession of an unregistered firearm. On February 19, 1990, the Parole Commission initially considered Bridge’s eligibility for parole. Partially based on a finding that Bridge had been involved in the fire bombing of the Doubrava Construction Company (“Doubrava”), the Parole Commission rated his offense severity level as Category Six under its regulations.1 Although the indictment had charged Bridge with committing the Doubrava bombing, these charges were dismissed pursuant to his plea agreement and the court did not consider this alleged criminal conduct when sentencing Bridge. Bridge’s offense sever[100]*100ity classification, coupled with his salient factor score of eight, resulted in a 40-52 month parole guideline range. See 28 C.F.R. § 2.20 (Guidelines for Decisionmak-ing).2 The Parole Commission ordered that Bridge remain incarcerated until the expiration of his sentence, a time period of approximately 48 months. Absent the determination that Bridge had participated in the Doubrava bombing, the seriousness of his offense, based solely on the possession of an unregistered firearm charge to which he pled guilty, would have placed him in Category Five, see 28 C.F.R. § 2.20, ch. 8, 11812 (possession of sawed-off shotgun or machine gun graded as Category Five), producing an applicable parole guideline range of 24-36 months.3

Bridge insisted throughout his parole hearing that he had not been involved in the Doubrava fire bombing incident. After the Commission made its finding to the contrary, Bridge appealed this decision to the National Appeals Board of the United States Parole Commission (“Appeals Board”). Bridge argued that the Parole Commission improperly assigned him an offense severity level of Category Six because the record lacked sufficient evidence to support the Commission’s finding that he was responsible for the Doubrava fire bombing. The Appeals Board affirmed the Parole Commission’s order. Having exhausted his administrative remedies, Bridge filed a petition for a writ of habeas corpus in federal district court, reiterating that the Commission’s determination that he participated in the bombing was arbitrary and irrational.

In its memorandum order dated March 13, 1991 (the “first order”), the district court held that the parole hearing record failed to provide a rational basis for linking Bridge to the fire bombing incident. The Parole Commission had relied solely on information contained in Bridge’s presen-tence report in making its finding. The information consisted of an Assistant United States Attorney’s summary of a statement by a Customs Service special agent that Bridge had admitted that he personally was responsible for the fire bombing. This embedded hearsay was accompanied by the prosecutor’s characterization of the circumstances surrounding the confession as indicative of a high degree of reliability. The district court deemed this evidence insufficient because there was no firsthand description of the admission or the circumstances under which it was made that would demonstrate the confession’s reliability. Nor was there other extrinsic evidence that linked Bridge to the fire bombing in any way. The district court therefore remanded the matter to the Parole Commission with instructions to “recompute Petitioner’s presumptive parole date based on a Category Five offense behavior severity level, consistent with this memorandum.” Bridge v. United States Parole Commission, Civ. No. 90-214J, slip op. at 4 (W.D.Pa. March 13, 1991). The Parole Commission did not appeal this order.

To comply with the district court’s order, the Parole Commission issued a Notice of Action informing Bridge that his offense severity rating was Category Five unless and until new adverse evidence surfaced. The Parole Commission then requested and received from the United States Attorney’s Office additional information implicating Bridge in the Doubrava bombing. The new information consisted of a report, prepared by the Bureau of Alcohol, Tobacco and Firearms, which summarized its investigation of the Doubrava fire bombing. In the report, Special Agent Patricia Galupo and Special Agent Stephen Wells each state in affidavits that Bridge admitted to them that he had constructed a handmade explosive and bombed the Doubrava company. The report also included a statement by Patty Kowalec, a Doubrava employee. Ms. Kowalec recounted under oath that a few days before the bombing, two men came to her place of employment looking for Mr. Doubrava. The men failed to identify [101]*101themselves and acted suspiciously, prompting Ms. Kowalec to record the license plate number of their truck. Agent Galupo traced the license plate number and discovered that the truck was registered to Bridge.

The Parole Commission believed that this newly acquired information satisfied the evidentiary deficiencies identified by the district court. The report contained two firsthand accounts of Bridge’s confession and independent evidence linking Bridge to the bombing. The Commission therefore disclosed the information to Bridge and scheduled a reconsideration hearing. At this hearing, the Parole Commission formally heard the new evidence and afforded Bridge the opportunity to respond to it. The Commission determined that the updated record supported a finding that Bridge had committed the Doubrava bombing. It again set Bridge’s offense severity level at Category Six and ordered that he remain incarcerated until the expiration of his sentence.

Bridge filed a renewed petition for a writ of habeas corpus, arguing that the district court’s prior order conclusively established that the Commission must utilize a Category Five offense severity level.

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Bridge v. United States Parole Commission
981 F.2d 97 (Third Circuit, 1992)

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981 F.2d 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridge-v-united-states-parole-commission-ca3-1992.