Hector S. Amaya v. U. S. Board of Parole

GEE, Circuit Judge:

We determine in this case that one convicted under the now-repealed 21 U.S.C.A. § 174, 1 at a time when the also now-repealed 26 U.S.C.A. § 7237(d) 2 prohibited his consideration for parole, can be considered for parole under 18 U.S.C.A. § 4202. 3

Amaya was convicted and sentenced to a term of seven years’ imprisonment, which he presently is serving in La Tuna Federal Correction Institute at Anthony, on the Texas-New Mexico border. Under 18 U.S.C.A. § 4202, Amaya would have been eligible for consideration for parole after serving one-third of his sentence; but 26 U.S.C.A. §…