Gaines v. United States Board of Parole

OPINION

FRANKEL, District Judge.

The petitioner in this proceeding under 28 U.S.C. § 2255 was sentenced on January 14, 1966, to concurrent five-year terms (the mandatory minimum) following his conviction on two counts for violations of 21 U.S.C. §§ 173 and 174. With credit for “good time” and for time in custody before the date of sentence, he was mandatorily released, and thus placed in the status of a parolee, on January 9, 1969. See 18 U.S.C. § 4163. On August 24, 1969, he was arrested and charged with possession of counterfeit money. The facts giving rise to these charges led to the…