GALLARDO v. QUINLAN

No. 88-5969.

874 F.2d 186 (1989)

Fernando GALLARDO and Herbert Sperling, Appellants, v. Michael J. QUINLAN, Patrick Keohane, and Benjamin F. Baer.

United States Court of Appeals, Third Circuit.

Decided May 11, 1989.

Rehearing Denied July 13, 1989.


Attorney(s) appearing for the Case

Louise O. Knight, Clement and Knight, Lewisburg, Pa., for appellants.

James J. West, U.S. Atty., James A. Gibbons, Asst. U.S. Atty., Scranton, Pa., for appellees.

Before HIGGINBOTHAM, STAPLETON, and ROSENN, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) April 10, 1989.

OPINION OF THE COURT

PER CURIAM:

This appeal presents the question whether plaintiffs, who committed federal offenses and were convicted and sentenced before the effective date of the Sentencing Reform Act of 1984 (SRA), may benefit from the SRA's amendment of the statute under which they were sentenced. We conclude that they may not.

Plaintiffs, inmates at the Lewisburg federal penitentiary...

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