Ismael Perea v. United States Board of Parole

BREITENSTEIN, Circuit Judge.

This is a mandamus action against the United States Board of Parole to compel the Board to consider the eligibility of prisoner Perea for parole. The district court granted a motion to dismiss and this appeal followed. Prisoner was convicted of violations of 21 U.S.C. § 174 (1964) and 26 U.S.C. § 4705(a) (1964) and on January 19, 1968, was sentenced to two concurrent five-year terms. Prisoner’s brief indicates that he is eligible for release in July, 1973.

At the time of conviction and sentence the provisions of 26 U.S.C. § 7237 were applicable to the offenses. That…