Lawrence A. Fassler v. U.S. Parole Commission, Peter M. Carlson, Warden, Fci

ORDER

The opinion filed November 14, 1991, slip op. 15317 (9th Cir.1991) is amended as follows:

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing. Chief Judge Wallace and Judge Fletcher have voted to reject the suggestion for rehearing en banc, and Judge Goodwin so recommends.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.

OPINION

Lawrence Fassler was convicted of conspiracy to possess with intent to distribute marijuana, and possession with intent to distribute Marijuana. He was sentenced to 25 years imprisonment. While the applicable guidelines indicate a range of 12-16 months before Fassler would be considered for parole, a prisoner is required by other law to serve one-third of his sentence before he is “eligible” for parole. 18 U.S.C. § 4205 (a). The U.S. Parole Commission ruled that Fassler would have to serve one-third of his 25 year sentence, a term of 100 months. Accordingly, Fassler’s presumptive parole…