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COOK v. WILLINGHAM

No. 9557.

389 F.2d 769 (1968)

Jesse M. COOK, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

February 8, 1968.

Attorney(s) appearing for the Case

David R. Hansen, Denver, Colo., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., was with him on the brief), for appellee.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.

PER CURIAM.

Appellant, a federal prisoner, was sentenced to five years for narcotic offenses and five years for marihuana offenses, with the latter term to be consecutive to the first. Prior to 1966, a prisoner was not eligible for parole consideration under a sentence for either narcotic or marihuana offenses. In that year, 26 U.S.C. § 7237(d) was amended to grant parole eligibility to a prisoner held under a sentence...

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