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United States v. Billie Austin Bryant
Citations: 663 F.2d 293; 214 U.S. App. D.C. 116; 1981 U.S. App. LEXIS 18333Docket: 81-1533
Court: Court of Appeals for the D.C. Circuit; August 21, 1981; Federal Appellate Court
Billie Austin Bryant appeals a May 5, 1981 order denying his motion to vacate his sentence under 28 U.S.C. § 2255. He raises three key arguments: 1. **Jurisdiction**: Bryant claims the district court lacked jurisdiction because the indictment counts against him were dismissed before his trial. However, the court previously ruled against this argument, confirming that the D.C. murder counts were never dismissed and that the trial occurred in the proper jurisdiction. 2. **Sentencing Procedure**: He argues that the sentencing court failed to specify a minimum term of confinement, allegedly violating D.C. Code § 24-203. The court counters that sentences for first-degree murder are governed by a specific provision allowing for parole eligibility after twenty years, which satisfies the minimum sentence requirement. 3. **Commencement of Sentences**: Bryant contends that his consecutive life sentences for murder should begin from their imposition date, as the earlier bank robbery sentences, to which they were consecutive, were vacated. The court does not find this argument persuasive, maintaining that the structure of his sentencing remains intact. Overall, the court finds all of Bryant's contentions without merit, affirming the validity of the original sentences and the jurisdiction of the trial court. Two consecutive life sentences imposed by Judge Gesell for murder were vacated and corrected on resentencing, but the total sentence of 18 to 54 years for bank robberies, originally imposed by Judge Sirica, remained unchanged. The appellant argues that the life sentences should start from the date of their adjudgment rather than after serving the bank robbery sentences, but it is determined that the life sentences were intended to begin only after the completion of the bank robbery sentences. The time served during the correction of the bank robbery sentences was credited accordingly. The appellate court concluded that the request for counsel was denied and the appeal was dismissed. The judgment clarified that while consecutive sentences may allow for parole eligibility after serving the minimum time, this does not equate to a right to a parole hearing until all sentences have been fully served. The court referenced prior cases that influenced the sentencing and resentencing process. Bryant's completion of 10 years for his bank robbery sentences does not entitle him to a parole hearing or indicate he has served his 18 to 54 year sentences. However, this time counts towards the 20-year minimum required for parole consideration on his first life sentence. Following this, he must serve an additional 20 years before becoming eligible for parole on his three convictions. The Parole Commission is not obligated to grant a parole hearing until he has served a total of 50 years, which may be extended if there are consecutive federal sentences.