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MARSHALL v. UNITED STATES

No. 72-5881.

414 U.S. 417 (1974)

MARSHALL v. UNITED STATES.

Supreme Court of United States.

Decided January 9, 1974.

Attorney(s) appearing for the Case

James F. Hewitt, by appointment of the Court, 411 U.S. 914, argued the cause and filed a brief for petitioner.

Jewel S. Lafontant argued the cause for the United States. On the brief were Solicitor General Bork, Assistant Attorney General Petersen, Deputy Solicitor General Lacovara, Harriet S. Shapiro, Jerome M. Feit, and Marshall Tamor Golding.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to consider petitioner's claim that the provisions of Title II of the Narcotic Addict Rehabilitation Act of 1966, 18 U. S. C. §§ 4251-4255, deny due process and equal protection by excluding from discretionary rehabilitative commitment, in lieu of penal incarceration, addicts with two or more prior felony convictions. The Circuits are in apparent conflict on this question...

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