Legal Opinion
United States of America Ex Rel. Benigno Marrero v. Warden, Lewisburg Penitentiary
Court of Appeals for the Third Circuit
Decided January 7, 1974No. 72-1842PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
The major question raised by this appeal is whether a prisoner, ineligible for parole at the time he was sentenced under the provisions of the penal statute for which he was convicted, became eligible for parole when the penal statute was subsequently repealed' by the. Comprehensive Drug Abuse Prevention and Control Act of 1970. Resolution of the question requires analysis of: (1) the proper forum in which to make such a claim of parole eligibility, (2) the nature of parole and its relation to sentencing, and (3) two congressional “saving provisions”…
2Cases cited17 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- McKart v. United StatesSupreme Court of the United States · 1969
- Jones v. CunninghamSupreme Court of the United States · 1963
- Peyton v. RoweSupreme Court of the United States · 1968
- McNally v. HillSupreme Court of the United States · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Warden v. MarreroSupreme Court of the United States · 1974
- Bradshaw v. CarlsonCourt of Appeals for the Third Circuit · 1981
- Laurice J. Ezratty v. The Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 1981
- Cerro Metal Products v. MarshallCourt of Appeals for the Third Circuit · 1980
- Babcock & Wilcox Co. v. MarshallCourt of Appeals for the Third Circuit · 1979
67 more not listed; retrieve them via the Exa API.