AMAYA v. U. S. BOARD OF PAROLE

No. 72-3142.

486 F.2d 940 (1973)

Hector S. AMAYA, Petitioner-Appellant, v. U. S. BOARD OF PAROLE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 1973.


Attorney(s) appearing for the Case

Roland C. Anderson, Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex. (court appointed), for petitioner-appellant.

Alfred C. Aman, Jr., Atlanta, Ga., for Jesus Rolon Marxauch, and others amicus curiae.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.


GEE, Circuit Judge:

We determine in this case that one convicted under the now-repealed 21 U.S.C.A. § 174,1 at a time when the also now-repealed 26 U.S.C.A. § 7237(d)2 prohibited his consideration for parole, can be considered for parole under 18 U.S.C.A. § 4202.3

Amaya was convicted and sentenced to a term of seven years' imprisonment, which he presently...

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