Sylvester Gavin v. H. Gary Wells, 914 F.2d 97 (6th Cir. 1990). · Go Syfert
Sylvester Gavin v. H. Gary Wells, 914 F.2d 97 (6th Cir. 1990). Cases Citing This Book View Copy Cite
“it is clear that state prisoners have no federal constitutional right to parole.”
32 citation events (16 in the last 25 years) across 5 distinct courts.
Strongest positive: Richards v. Lesatz (mied, 2019-09-30)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Richards v. Lesatz
E.D. Mich. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is clear that state prisoners have no federal constitutional right to parole.
cited Cited as authority (rule) Bridges v. Cargor
E.D. Mich. · 2025 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir. 1990).
cited Cited as authority (rule) Kincaid v. Campbell
E.D. Mich. · 2024 · confidence medium
See Sweeton v. Brown, 27 F.3d 1162, 1164-65 (6th Cir. 1994) (en banc); Gavin v. Wells, 914 F.2d 97, 98 (6th Cir. 1990).
cited Cited as authority (rule) Haynes v. Michigan Department of Corrections
E.D. Mich. · 2021 · confidence medium
Complex, 442 U.S. 1, 11 (1979); Gavin v. Wells, 914 F.2d 97, 98 (6th Cir. 1990), and Michigan law does not create a liberty interest in receiving parole before the expiration of a valid sentence.
cited Cited as authority (rule) Johnson v. Renico
E.D. Mich. · 2004 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990); Lee v. Withrow, 76 F.Supp.2d 789, 792 (E.D.Mich.1999).
cited Cited as authority (rule) Wilson v. Straub
6th Cir. · 2001 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
cited Cited as authority (rule) Juarez v. Renico
E.D. Mich. · 2001 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990); Sweeton v. Brown, 27 F.3d 1162 (6th Cir.1994).
discussed Cited as authority (rule) Moore v. Hofbauer
E.D. Mich. · 2001 · confidence medium
Michigan law and regulations do not create a right to parole, Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990); Sweeton v. Brown, 27 F.3d 1162, 1164-65 (6th Cir.1994) (en banc), cert, denied, 513 U.S. 1158 , 115 S.Ct. 1118 , 130 L.Ed.2d 1082 (1995); Lee v. Withrow, 76 F.Supp.2d 789, 792-94 (E.D.Mich.1999).
cited Cited as authority (rule) Lee v. Withrow
E.D. Mich. · 1999 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
discussed Cited as authority (rule) Ronnie Gene Webb v. Phil Parker, Warden
6th Cir. · 1995 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 8 Webb's Resident Record Card suggests that, because of the lost parole time, his 1979 sentence may not have been expired at the time he filed his habeas petition.
cited Cited as authority (rule) Marcus Simpson v. State of Ohio
6th Cir. · 1994 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
cited Cited as authority (rule) David Johnson v. Michael J. O'dea, Warden
6th Cir. · 1993 · confidence medium
Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 25 When Johnson filed the instant petition, he was confined at the Eastern Kentucky Correctional Complex in West Liberty, Kentucky.
cited Cited "see" Wright v. Shaver
E.D. Mich. · 2022 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir. 1990); Lee v. Withrow, 76 F. Supp. 2d 789, 792 (E.D.
cited Cited "see" Stephens v. Floyd
E.D. Mich. · 2021 · signal: see · confidence high
See Gavin v. Wells, 914 F. 2d 97, 98 (6th Cir. 1990); Lee v. Withrow, 76 F. Supp. 2d 789, 792 (E.D.
cited Cited "see" Kikuchi v. Bauman
E.D. Mich. · 2020 · signal: see · confidence high
See Gavin v. Wells, 914 F. 2d 97, 98 (6th Cir. 1990); Lee v. Withrow, 76 F. Supp. 2d 789, 792 (E.D.
discussed Cited "see" Ward v. Stegall (2×)
6th Cir. · 2004 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
cited Cited "see" McIntosh v. Booker
E.D. Mich. · 2004 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
cited Cited "see" Spencer v. United States
D.C. · 2000 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990) (noting that Maleng left open the question of jurisdiction to consider this type of challenge).
cited Cited "see" Frank Cisco Brown v. Emmitt L. Sparkman, Warden, Northpoint Training Center Attorney General, Commonwealth of Kentucky
6th Cir. · 1994 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 5 A habeas petitioner is not "in custody" to meet the requirement under 28 U.S.C.
cited Cited "see" Halton West v. United States
6th Cir. · 1994 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 11 Accordingly, the motion for oral argument and the appointment of counsel is denied.
cited Cited "see" Henry D. Johnson v. Gene Borgert
6th Cir. · 1994 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
cited Cited "see" Autry L. Clark v. Harry K. Russell, Supt.
6th Cir. · 1992 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 7 Accordingly, the district court's judgment is affirmed.
cited Cited "see" Charles Junior Thomas v. United States
6th Cir. · 1991 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990).
discussed Cited "see" Willie Gene Harrington v. Robert Redman
6th Cir. · 1991 · signal: see · confidence high
See Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990). 6 Accordingly, the motion for miscellaneous relief is denied, and the district court's judgment is hereby affirmed pursuant to Rule 9(b)(3), Rules of the Sixth Circuit.
discussed Cited "see, e.g." United States v. Richard Austin Martin
4th Cir. · 1991 · signal: see also · confidence medium
See also Gavin v. Wells, 914 F.2d 97, 98 (6th Cir.1990) (noting that Maleng left open the question of jurisdiction to consider this type of challenge). 8 Though the district court dismissed the motion for lack of jurisdiction, we address the magistrate judge's conclusion regarding the timeliness of the motion since the issue may arise again on remand. 9 The magistrate judge made an alternate recommendation that the motion be dismissed under Rule 9(a) because the delay in filing had prejudiced the government.
Retrieving the full opinion text from the archive…
Sylvester GAVIN, Petitioner-Appellant,
v.
H. Gary WELLS, Respondent-Appellee
87-1864.
Court of Appeals for the Sixth Circuit.
Sep 19, 1990.
914 F.2d 97
Sylvester Gavin, Muskegon, Mich., pro se., Edgar L. Church, Jr., Asst. Atty. Gen., Corrections Div., Lansing, Mich., for respondent-appellee.
Milburn, Boggs, Celebrezze.
Cited by 26 opinions  |  Published
BOGGS, Circuit Judge.

This case is before the court on remand from the Supreme Court of the United States. — U.S. -, 109 S.Ct. 2425, 104 L.Ed.2d 983. This court originally affirmed the district court’s denial of Gavin’s[*98] habeas corpus petition, which attacked judgments of conviction in 1955 for breaking and entering and in 1970 for first degree murder. He is presently incarcerated for the 1970 conviction. The Supreme Court remanded for us to consider the case in light of its opinion in Maleng v. Cook, 490 U.S. 488, 109 S.Ct. 1923, 104 L.Ed.2d 540 (1989). We have reviewed that decision and received supplemental briefs of the parties.

Gavin raises three primary contentions on appeal, none of which has merit in light of Maleng. First, he asserts that his 1955 conviction violated the United States Constitution. This conviction, however, was fully served prior to Gavin’s filing of this habeas corpus petition. We therefore have no jurisdiction to consider this argument. Maleng, 109 S.Ct. at 1926.

Second, Gavin suggests that his 1955 conviction enhanced the sentence imposed for his 1970 first degree murder conviction. We disagree. Michigan law applicable to Gavin’s first degree murder conviction provided for a mandatory sentence of life imprisonment. MCL 750.316. Given the mandatory nature of the 1970 sentence, his 1955 conviction cannot in any sense have “enhanced” this sentence.

Only an actual enhancement of the 1970 sentence based on the 1955 conviction would implicate the question left unanswered in Maleng: “the extent to which [an earlier] conviction ... may be subject to challenge in the attack upon [later] sentences which it was used to enhance.” 109 S.Ct. at 1927. Accordingly, Gavin may not attack the 1970 conviction for which he is presently incarcerated by means of a challenge to the 1955 conviction. See Crank v. Duckworth, 905 F.2d 1090, 1091 (7th Cir.1990).

Third, Gavin asserts that the parole board’s consideration of his allegedly invalid 1955 conviction resulted in the assignment of a discretionary parole review date five years later than would have been assigned without consideration of his conviction. [1] It is clear that state prisoners have no federal constitutional right to parole. Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 7, 99 S.Ct. 2100, 2103-04, 60 L.Ed.2d 668 (1979). At most, Gavin asserts that the state parole board violated a state procedural rule in considering his allegedly invalid 1955 conviction, a claim that does not rise to federal constitutional proportions. See Wallace v. Turner, 695 F.2d 545, 549 (11th Cir.1983). Thus, we AFFIRM the decision of the district court dismissing Gavin’s petition for a writ of habeas corpus.

1

. Technically, this review is not for the purpose of granting parole, but rather is a review for the purpose of deciding whether to recommend to the Governor that he commute the sentence.