Legal Opinion · Dissent

United States Parole Commission v. Noble

District of Columbia Court of Appeals

Decided April 17, 1997No. 96-SP-578Published

1DissentSchwelb, Associate Judge

I am unable to agree with my colleagues’ disposition of the certified question. In my opinion, the majority’s interpretation of Section 5(a) of the Good Time Credits Act of 1986 (GTCA), D.C.Code § 24-431(a) (1996), contravenes the plain language of the statute and conjures up an imaginary ambiguity where none really exists. Judge Ferren endeavors earnestly to harmonize the GTCA with Section 24-206(a) (1996), but, in my judgment, the repugnancy between the two statutes is manifest and cannot be cured or alleviated by resort to an imaginative “construction” which, as I see it, contorts the…

2Cases cited46 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Morton v. MancariSupreme Court of the United States · 1974
  4. United States v. BassSupreme Court of the United States · 1971
  5. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971

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