Christopher T. Glumb v. Robert Honsted, Warden Fci, U.S. Parole Comm'n, 891 F.2d 872 (11th Cir. 1990). · Go Syfert
Christopher T. Glumb v. Robert Honsted, Warden Fci, U.S. Parole Comm'n, 891 F.2d 872 (11th Cir. 1990). Cases Citing This Book View Copy Cite
“a federal court will not reverse a decision of the commission unless it involves flagrant, unwarranted, or unauthorized action that constitutes an abuse of the commission's discretion.”
42 citation events (39 in the last 25 years) across 8 distinct courts.
Strongest positive: Dufur v. U.S. Parole Comm'n (cadc, 2018-05-24)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (quoted) Dufur v. U.S. Parole Comm'n
D.C. Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
a federal court will not reverse a decision of the commission unless it involves flagrant, unwarranted, or unauthorized action that constitutes an abuse of the commission's discretion.
discussed Cited as authority (rule) Mincey v. Florida Commission Offender on Review (Union County)
M.D. Fla. · 2024 · confidence medium
Also, the summary of the revocation hearing shows that competent substantial evidence existed to support the Commission’s factual findings that Petitioner was guilty of the condition violations and that the violations were willful and substantial.7 See Glumb v. Honsted, 891 F.2d 872, 873-74 (11th Cir. 1990) (stating the hearing summary provides an adequate record for review; “We know of no federal decision requiring a verbatim transcript of parole 7 To the extent that Petitioner argues that the state’s decision not to prosecute Petitioner for these alleged offenses shows he is actually i…
discussed Cited as authority (rule) Anderson v. Warden, FCC Coleman - USP I
M.D. Fla. · 2020 · confidence medium
“The Parole Commission’s substantive decisions to grant or deny parole—including its factual findings and applications of the Parole Act to individual cases—are reviewed only for abuse of discretion.” Bowers, 775 F. App’x at 515 (citing Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir. 1990)).
cited Cited as authority (rule) Taylor v. Warden, FCC Coleman - USP II
M.D. Fla. · 2019 · confidence medium
A. Standard of Review “Parole is not a right, but an expectation that may be granted by the Commission.” Glumb v. Honstead, 891 F. 2d 872, 873 (11th Cir. 1990) (internal citations omitted).
discussed Cited as authority (rule) Veronza L. Bowers, Jr. v. United States Parole Commission
11th Cir. · 2019 · confidence medium
Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir. 1990); see Meagher v. Clark, 943 F.2d 1277, 1283 (11th Cir. 1991) (“The power of the United States Parole Commission to make [substantive] parole decisions is well-settled and has been protected by the courts.”).
discussed Cited as authority (rule) Sweeney v. United States Parole Commission
D.D.C. · 2016 · confidence medium
Although the doctrine of res judicata does not apply to habeas petitions, “claims brought pursuant to successive § 2241 petitions may be barred by the successive writ rule [under] 28 U.S.C. § 2244 (a).” Baynes, 215 Fed.Appx. at 933 (citing Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990)).
discussed Cited as authority (rule) Watson v. FCC Coleman-USP I Warden (2×) also: Cited "see"
11th Cir. · 2016 · confidence medium
Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990).
discussed Cited as authority (rule) Bowers v. Keller (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990).
cited Cited as authority (rule) Curtis Lee Watson v. United States
11th Cir. · 2010 · confidence medium
Kuhlmann v. Wilson, 477 U.S. 436 , 444 n. 6, 106 S.Ct. 2616 , 2622 n. 6, 91 L.Ed.2d 364 (1986) (plurality opinion); Antonelli, 542 F.3d at 1352 ; Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990).
discussed Cited as authority (rule) Brown v. McNeil
M.D. Fla. · 2008 · confidence medium
While the law does not require a verbatim transcript be prepared when a Summary is available, Glumb v. Honsted, 891 F.2d 872, 873-74 (11th Cir.1990), to the extent there are allegations of material discrepancies between the two, any review by state or federal courts (and by the Commission itself) is made more difficult by the inability to prepare a complete transcript.
discussed Cited as authority (rule) Francis Ex Rel. Dennis v. Warden, FCC Coleman-USP (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990); see 28 U.S.C. § 2244 (a).
discussed Cited as authority (rule) Michael A. Baynes v. Michael A. Zenk (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990).
cited Cited as authority (rule) Ernest B. Ford v. Warden R. Wiley
11th Cir. · 2006 · confidence medium
Commission’s decision “Parole is not a right, but an expectation that may be granted by the Commission.” Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990) (internal citations omitted).
discussed Cited as authority (rule) Mutulu Shakur v. Warden Ron Wiley
11th Cir. · 2005 · confidence medium
“A federal court will not reverse a decision of the Commission unless it involves flagrant, unwarranted, or unauthorized action that constitutes an abuse of the Commission’s discretion.” Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990).
discussed Cited as authority (rule) Mabrey v. Florida Parole Com'n
Fla. Dist. Ct. App. · 2003 · confidence medium
As reflected in the Conditional Release Hearing Summary which constitutes a sufficient record of the violation proceedings, Glumb v. Honsted, 891 F.2d 872, 873-874 (11th Cir.1990), the Petitioner had sufficient income to pay the restitution amount, even when considering the Petitioner's reported monthly expenses.
discussed Cited as authority (rule) Theodore A. George v. W.A. Perrill, Warden, Fci--Englewood United States Parole Commission
10th Cir. · 1995 · confidence medium
In Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990) (per curiam), the court applied the abuse-of-the-writ doctrine to affirm the section 2244(a) dismissal of a section 2241 petition because it raised a new claim that could have been raised in a previous petition.
cited Cited as authority (rule) Embery Jackson McBride v. Bob Sharpe, Warden, Dodge Correctional Institution
11th Cir. · 1994 · confidence medium
See Kuhlmann v. Wilson, 477 U.S. 436 , 444 n. 6, 106 S.Ct. 2616 , 2622 n. 6, 91 L.Ed.2d 364 (1986) (plurality opinion); Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990). 8 .
cited Cited as authority (rule) Buckley Otto v. John Gluch United States Parole Commission
6th Cir. · 1992 · confidence medium
See Sanders v. United States, 373 U.S. 1, 15 (1963); Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir.1990); Allen v. Newsome, 795 F.2d 934, 936-39 (11th Cir.1986).
discussed Cited "see" Kedrick Lamar Murray v. Judge Glenn Goggans (2×) also: Cited "see, e.g."
M.D. Ala. · 2026 · signal: see · confidence high
See Glumb v. Honsted, 891 F.2d 872 , 873 & n.1 (11th Cir. 1990) (per curiam) (holding that the magistrate judge correctly recommended dismissal because the claims had previously been litigated and adjudicated in a prior habeas proceeding and thus were successive, citing 28 U.S.C. § 2244 (a)); see also Watson v. Coleman, 644 F. App’x 996, 1000 (11th Cir. 2016) (“An abuse of writ occurs when a ‘new’ claim by the petitioner was available but not raised in a previous petition.” (citing Glumb, 891 F.2d at 873 )); Baynes v. Zenk, 215 F. App’x 932, 933 (11th Cir. 2007) (per curiam) (hold…
discussed Cited "see" Harper v. Warden, FCC Coleman II (2×)
M.D. Fla. · 2025 · signal: see · confidence high
See Glumb v. Honsted, 891 F.2d 872, 873 (11th Cir. 1990).
cited Cited "see" Rollins v. Florida Parole Commission
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Glumb v. Honsted, 891 F.2d 872, 874 (11th Cir.1990) (“We know of no federal decision requiring a verbatim transcript of parole revocation proceedings.
Retrieving the full opinion text from the archive…
Christopher T. GLUMB, Petitioner-Appellant,
v.
Robert HONSTED, Warden FCI, U.S. Parole Commission, Respondent-Appellee
89-3380.
Court of Appeals for the Eleventh Circuit.
Jan 9, 1990.
891 F.2d 872
Christopher T. Glumb, Miami, Fla., pro se., Alan Burrow, U.S. Attorney’s Office, Tallahassee, Fla., for respondent-appellee.
Tjoflat, Kravitch, Hill.
Cited by 20 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: D.C. Circuit (1)
PER CURIAM:

Appellant, Christopher T. Glumb, appeals an order of the district court adopting a magistrate’s report recommending the denial of his petition for a writ of habeas corpus. Glumb was sentenced to a term of imprisonment for the offense of counterfeiting on March 13, 1972, and later paroled. On July 30, 1985, while still on parole for the 1972 conviction, Glumb was sentenced for conspiracy to manufacture counterfeit federal reserve notes. On April 2, 1986, his parole was revoked. In February 1987, Glumb filed six habeas corpus petitions. After a series of appeals, his parole date was advanced six months. Glumb’s terms of parole remained unchanged following his statutory interim hearing on March 28, 1988. The Parole Commission’s decision was affirmed by the National Appeals Board on August 2, 1988.

Glumb’s present petition, brought under 28 U.S.C. § 2241, raises five grounds for relief. The magistrate below correctly held that three of these claims were barred by the successive writ rule because they had been previously litigated and adjudicated in Glumb’s prior habeas proceedings. [1] See 28 U.S.C. § 2244(a). Likewise, petitioner’s “new” claim regarding his failure to receive a five-year parole termination hearing constitutes an abuse of the writ because it could have been raised in the previous petitions. Id.; see Kuhlmann v. Wilson, 477 U.S. 436, 444 n. 6, 106 S.Ct. 2616, 2622 n. 6, 91 L.Ed.2d 364 (1986); Sanders v. United States, 373 U.S. 1, 10, 83 S.Ct. 1068, 1074, 10 L.Ed.2d 148 (1963); Allen v. Newsome, 795 F.2d 934, 936-39 (11th Cir.1986). The ends of justice do not warrant excusing this abuse.

The petitioner’s final ground for habeas relief is that his due process rights were violated because the National Appeals Board affirmed the Parole Commission’s decision despite the fact that the tape recording of the 1988 Commission’s hearing was declared inaudible. Glumb contends that without a clear recording of the proceedings, neither the Appeals Board nor the courts have a proper basis for reviewing the factual findings made by the Commission and giving his appeal fair consideration.

Petitioner errs in assuming that a parole revocation hearing requires the same panoply of rights due defendants in a criminal prosecution. Morrissey v. Brewer, 408 U.S. 471, 480, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972). Parole is not a right, but an expectation that may be granted by the Commission. See Hewitt v. Helms, 459 U.S. 460, 467, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983); Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, 442 U.S. 1, 7, 99 S.Ct. 2100, 2103, 60 L.Ed.2d 668 (1979). A federal court will not reverse a decision of the Commission unless it involves flagrant, unwarranted, or unauthorized action that constitutes an abuse of the Commission’s discretion. Whitehead v. United States Parole Commission, 755 F.2d 1536, 1537 (11th Cir.1985).

A defective hearing tape is not a fatal flaw in a parole revocation proceeding. Baker v. Wainwright, 527 F.2d 372, 378 n. 23 (5th Cir.1976); [2] Hrynko v. Crawford, 402 F.Supp. 1083, 1085 (E.D.Pa.1975). The Supreme Court requires that factfinders provide a written statement of the evidence that they relied upon as well as the reasons for revoking parole. Morrissey, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600. The hearing summary prepared by the examin[*874] ers satisfies this requirement and provides a sufficient record for a review of the proceedings. Hrynko, 402 F.Supp. at 1087. We know of no federal decision requiring a verbatim transcript of parole revocation proceedings. See id. at 1086-87. Although under some circumstances the absence of a tape may create sufficient prejudice to justify a new revocation hearing, [3] petitioner has failed to carry his burden of making such a showing. The judgment of the court below is, therefore, AFFIRMED.

1

. Glumb was expressly warned by the trial judge, during the adjudication of his previous habeas petitions, of the successive petition rule and the abuse of the writ doctrine. Glumb’s attempt to distinguish the prior litigation by contending that the present petition involves the March 1988 hearing rather than the April 1986 hearing is meritless. The underlying issues are identical and the present petition merely involves an attack on the same issues adjudicated in the prior proceeding.

3

. A new hearing might be warranted if the appellant made a nonfrivilous claim attacking the conduct of the hearing examiner and bringing into question the accuracy of the hearing summary. Alternatively, a new hearing might be required if there was a significant factual dispute raised on appeal that was not addressed in the hearing summary and could only be resolved through a recording of the hearing. See, e.g., Thompson v. Burke, 556 F.2d 231, 235, 239 (3rd Cir.1977) (ambiguity in record and absence of written statement by factfinder warrants remand to produce more adequate record of hearing); Baker, 527 F.2d at 375-76, 378-79 (incomplete recording of hearing in conjunction with other defects warrants new parole revocation proceedings).

2

. In Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir.1981) (en banc), this court adopted as precedent all of the decisions of the former Fifth Circuit decided prior to October 1, 1981.