SHERMAN v. U.S. PAROLE COM'N

No. 05-35364.

502 F.3d 869 (2007)

Brent SHERMAN, Petitioner-Appellant, v. UNITED STATES PAROLE COMMISSION; Robert A. Hood, Warden; Charles A. Daniels, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2007.


Attorney(s) appearing for the Case

Christine Stebbins Dahl, Assistant Federal Defender, Portland, OR, for the petitioner-appellant.

Kenneth C. Bauman (brief), Assistant United States Attorney, Portland, OR; and Kelly A. Zusman (argued), Assistant United States Attorney, Portland, OR, for the respondents-appellees.

Before: MELVIN BRUNETTI, T.G. NELSON, and RICHARD A. PAEZ, Circuit Judges.


BRUNETTI, Circuit Judge:

We consider whether an administrative warrant issued pursuant to 18 U.S.C. § 4213(a) for the retaking of an alleged parole violator is subject to the oath or affirmation requirement of the Fourth Amendment's Warrant Clause. We hold it is not and therefore affirm the denial of petitioner's habeas challenge to his detention on an unsworn parole violator warrant.

I

Petitioner Brent Sherman is a federal inmate currently...

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