Wilson v. Warden USP Beaumont ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40448
Summary Calendar
ALFRED L. WILSON
Petitioner - Appellant
v.
WARDEN U.S. PENITENTIARY BEAUMONT; US PAROLE COMMISSION
Respondents - Appellees
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-193
--------------------
November 12, 2001
Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Alfred L. Wilson, federal prisoner # 98870-131, appeals the
denial of his 28 U.S.C. § 2241 petition in which he challenged
the revocation of his parole. He first avers that he was denied
his due process right to personally confront the victim during
her testimony at the parole-revocation hearing.
Although Wilson was not allowed to remain in the room during
the victim’s testimony at the revocation hearing, his attorney
was present, and he was given the opportunity to cross-examine
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-40448
-2-
the victim. Accordingly, Wilson was afforded the minimum
procedural due process requirements. See Morrissey v. Brewer,
408 U.S. 471, 489 (1972).
We also reject Wilson’s challenge to the sufficiency of the
evidence. A review of the record reveals that the Parole
Commission had “some evidence” from which to conclude that Wilson
was guilty of the offense of rape, including the police
investigation file and the testimony of Wilson, the victim,
Wilson’s parole officer, the police investigator, and the
victim’s mother and grandfather. See Villarreal v. United States
Parole Comm’n, 985 F.2d 835, 839 (5th Cir. 1993). The judgment
of the district court is AFFIRMED.
AFFIRMED.