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George v. Sullivan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 15, 2010

HOLLISTER GEORGE, PETITIONER,
v.
W.J. SULLIVAN, RESPONDENT.

ORDER GRANTING MOTION FOR RELEASE

Honorable ANTHONY W. ISHII

The above-entitled matter came on for hearing on petitioner's motion for release. Assistant Federal Defender David M. Porter appeared for petitioner, HOLLISTER GEORGE, and Deputy Attorneys General Jennifer A. Neill and Kasey E. Jones, appeared for respondent, W.J. SULLIVAN.

On June 16, 2010, this Court granted the petition for writ of habeas corpus after determining that Mr. George's federally protected rights to due process of law were violated by the Board of Parole Hearing's 2007 decision denying him parole because the Board relied on factors not supported by the requisite "some evidence." On July 7, 2010, the Board conducted a hearing at which it granted parole and set Mr. George's custodial base term at 204 months. The Board granted him 60 months for post-conviction (or "good time") credits, and 12 months credit for the time served from the February 16, 2007 hearing until the July 7, 2010 hearing. Thus, his total term in custody was set at 132 months, or 11 years. Mr. George has already served over 19 years in prison for his crime.

Mr. George contends that any lawful term set by the Board has been fully satisfied and thus his release should not be further delayed by the Board's and Governor's decision review process, which can take up to 150 days following a hearing. Respondent opposes the motion for release, contending that Rule 23(c) does not provide a basis for this Court to order Mr. George's release pending appeal, and that releasing him would provide him relief to which he is not entitled and would interfere with the State's administration of its criminal justice system. No party, however, has suggested the facts in Mr. George's case raise any questions about the term chosen or Mr. George's parole plans.

In light of these facts, IT IS HEREBY ORDERED that Mr. George's motion for release is GRANTED. Within 15 days from the date of this order, Respondent shall release Mr. George, who shall be supervised during the pendency of the appeal in this case, No. 10-16418, by the Federal Pretrial Services Office. Within 25 days of the date of this order, Respondent shall file a notice with the Court confirming the date on which Mr. George was released. By separate order, the Court will direct Respondent to bring Mr. George to the federal courthouse in Fresno, California, to be interviewed by a federal pretrial services officer. A hearing will be held at 1:30 p.m. on Monday, September 27, 2010, to determine what conditions, if any, shall be imposed on Mr. George's release. If the parties are able to stipulate to what conditions, if any, should be imposed on Mr. George's release, they are to notify the Court no later than 5:00 p.m. on Thursday, September 23, 2010.

Approved as to form: JENNIFER A. NEILL Supervising Deputy Attorney General

IT IS SO ORDERED.

20100915

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