KIMBERLIN v. DEWALT
12 F.Supp.2d 487 (1998)
Brett C. KIMBERLIN
Stephen DEWALT, Warden FCI-Petersburg.1
No. Civ.A. AW-97-3829.
United States District Court, D. Maryland.
June 30, 1998.
Brett C. Kimberlin, pro se.
Lynn A. Battaglia, United States Attorney, Tamera L. Fine, Assistant United States Attorney, of Baltimore, MD, for Defendant.
WILLIAMS, District Judge.
On June 27, 1997 the United States Parole Commission revoked Brett C. Kimberlin's parole.2 On November 10, 1997 Kimberlin filed a petition for writ of habeas corpus challenging the revocation. After giving petitioner time to supplement his petition (see Paper Nos. 2 and 3), the Court on December 18, 1997 required the United States Parole Commission to respond to the petition. (See Paper No. 7). The Commission has filed its response. (See Paper No. 12). Petitioner has filed objections to the response (see Paper No. 19), and the Commissioner has filed a reply to those objections. (See Paper No. 25). A hearing is not necessary for the resolution of this case. See Local Rule 105.6.Standard for Review On judicial review, a parole violator may not retry the evidence against him. Garcia v. Neagle, 660 F.2d at 988; 18 U.S.C. Section 4218(d). Judicial review is satisfied as long as "some evidence" exists to support the agency's revocation.3 For reasons set forth herein, petitioner has failed to meet this burden here.4 In order to prevail, petitioner must show that the Commission "exceeded its legal authority, acted unconstitutionally or failed to follow its own regulations" in revoking his parole. See Garcia v. Neagle,660 F.2d 983, 988 (4th Cir.1981), cert. denied, 454 U.S. 1153, 102 S.Ct. 1023, 71 L.Ed.2d 309; see also Townsend v. Sain,372 U.S. 293, 312, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963) (habeas petitioner must show that detention is unlawful).Petitioner's Criminal History