GAINES v. UNITED STATES BOARD OF PAROLE

No. 71 Civ. 2948.

332 F.Supp. 1119 (1971)

Charles GAINES, Petitioner, v. UNITED STATES BOARD OF PAROLE, Respondent.

United States District Court, S. D. New York.

October 29, 1971.


Attorney(s) appearing for the Case

Henry F. Minnerop, New York City, for petitioner.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for respondent; James T. B. Tripp, Asst. U. S. Atty., of counsel.


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...

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