Court of Appeals for the Third Circuit January 7, 1974, 72-1842 (United States of America Ex Rel. Benigno Marrero v. Warden, Lewisburg Penitentiary)

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of the penal statute for which he was convicted, became eligible for parole when the penal statute was subsequently repealed' by the.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.