Michele Marchese v. Angus D. McEachen Chief United States Probation Officer

Márchese appeals the dismissal of his action under the Civil Rights Act for injunction and declaratory relief. We affirm.

Márchese was convicted of a narcotics violation in 1958 and began serving a 10-year sentence on July 10, 1959. After serving four and one-half years, he was released on bail while rulings in his favor in a habeas corpus proceeding were appealed. He remained free on bail approximately three and one-half years, from October 1, 1963, to June 12, 1967. He was returned to prison on the latter date when his habeas victory was reversed, and remained in prison until his mandatory release date, July 18, 1969, calculated on the basis of a ten year prison term less 1200 days’ good behavior time accrued.

“Good time” discharges are governed by 18 U.S.C. §§ 4161-4164 . Section 4164 provides:

Márchese was released “as if released on parole,” and it is apparently contemplated that he will remain subject to the conditions of parole for 1200 days less the statutory exclusion of 180 days. He contends that he was entitled to unconditional release.

1. Márchese argues that since narcotics offenders are prohibited from obtaining parole, probation, or a suspended sentence ( 26…