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BIJEOL v. BENSON

No. 75-1024.

513 F.2d 965 (1975)

Paul BIJEOL et al., Petitioners-Appellees, v. Charles L. BENSON et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1975.

Attorney(s) appearing for the Case

S. Cass Weiland, Atty., Crim. Div., U. S. Dept. of Justice, Washington, D. C., Stanley B. Miller, U. S. Atty., Indianapolis, Ind., for respondents-appellants.

Michael B. Nash, Chicago, Ill., for petitioners-appellees.

Before SWYGERT, SPRECHER and TONE, Circuit Judges.

TONE, Circuit Judge.

This is a sequel to Garafola v. Benson, 505 F.2d 1212 (7th Cir. 1974), in which we held that prisoners sentenced under 18 U.S.C. § 4208(a)(2) were entitled to a meaningful hearing before the Board of Parole at some point prior to the expiration of one-third of their sentences. The question here is whether the Garafola rule can be applied to other similarly situated federal prisoners by means of a class...

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