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UNITED STATES EX REL. MARRERO v. WARDEN, LEWISBURG PEN.

No. 72-1842.

483 F.2d 656 (1973)

UNITED STATES of America ex rel. Benigno MARRERO, Appellant, v. WARDEN, LEWISBURG PENITENTIARY.

United States Court of Appeals, Third Circuit.

Decided August 27, 1973.

Certiorari Granted January 7, 1974.

Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., Brooklyn, N. Y., John J. Witmeyer, III, John B. Sherman, New York City, Stewart Dalzell, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant.

S. John Cottone, U.S. Atty., Harry A. Nagle, Lewisburg, Pa., for appellee.

Before GIBBONS and ROSENN, Circuit Judges.

Certiorari Granted January 7, 1974. See 94 S.Ct. 865.

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of the penal statute for which he was convicted, became eligible for parole when the penal statute was subsequently repealed by the Comprehensive Drug Abuse Prevention and Control Act of 1970.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...

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