Fernando Gallardo & Herbert Sperling v. Michael J. Quinlan, Patrick Keohane, & Benjamin F. Baer, 874 F.2d 186 (3d Cir. 1989). · Go Syfert
Fernando Gallardo & Herbert Sperling v. Michael J. Quinlan, Patrick Keohane, & Benjamin F. Baer, 874 F.2d 186 (3d Cir. 1989). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2002 · …only to offenses committed after at p. 188 ✓
14 citation events (9 in the last 25 years) across 5 distinct courts.
Strongest positive: Jonathan Castro v. T. Sniezek (ca3, 2011-06-29)
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) Jonathan Castro v. T. Sniezek
3rd Cir. · 2011 · confidence medium
Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir. 1989) (per curiam).
cited Cited as authority (rule) Timmy Mills v. Francisco Quintana
3rd Cir. · 2010 · confidence medium
Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.1989). 7 .
discussed Cited as authority (rule) Pray v. Holt
3rd Cir. · 2009 · confidence medium
See United States v. Valenzuela, 646 F.2d 352, 354 (9th Cir.1980) (parole is not available for a life sentence under § 848); see also United States v. McCann, 835 F.2d 1184, 1185 (6th Cir.1987) (sentences imposed under § 848 “are to be without parole”); Gallardo v. Quinlan, 874 F.2d 186, 187-88 (3d Cir.1989) (explaining that individuals who violated § 848 prior to November 1, 1987, committed a non-parolable offense).
discussed Cited as authority (rule) Pray v. Holt
3rd Cir. · 2009 · confidence medium
See United States v. Valenzuela, 646 F.2d 352, 354 (9th Cir.1980) (parole is not available for a life sentence under § 848); see also United States v. McCann, 835 F.2d 1184, 1185 (6th Cir.1987) (sentences imposed under § 848 “are to be without parole”); Gallardo v. Quinlan, 874 F.2d 186, 187-88 (3d Cir.1989) (explaining that individuals who violated § 848 prior to November 1, 1987, committed a non-parolable offense).
cited Cited as authority (rule) James Lyons v. Jake Mendez, Warden Us Parole Commission
3rd Cir. · 2002 · confidence medium
Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.1989).
cited Cited as authority (rule) Lyons v. Mendez
3rd Cir. · 2002 · confidence medium
Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir. 1989).
discussed Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Robert M. SILVER, Defendant-Appellant
9th Cir. · 1996 · confidence medium
See, e.g., United States v. Sanchez, 907 F.2d 127, 128 (10th Cir.1990) (warrants for probation revocation); Gallardo v. Quinlan, 874 F.2d 186, 188 (3rd Cir.) (minimum date of parole eligibility), cer t. denied, 493 U.S. 957 , 110 S.Ct. 373 , 107 L.Ed.2d 359 (1989); United States v. Burgess, 858 F.2d 1512, 1513-14 (11th Cir.1988) (resentencing).
discussed Cited as authority (rule) United States v. Julian Roger Sanchez
10th Cir. · 1990 · confidence medium
See United States v. Parker, 881 F.2d 945, 946 (10th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1141 , 107 L.Ed.2d 1046 (1990); Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.), cert. denied, — U.S. -, 110 S.Ct. 373 , 107 L.Ed.2d 359 (1989); United States v. Burgess, 858 F.2d 1512, 1513-14 (11th Cir.1988).
discussed Cited "see" Hertmut Graewe v. Warden Allenwood FCI
3rd Cir. · 2017 · signal: see · confidence high
See Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir. 1989) (per curiam); see also United States v. Bello, 767 F.2d 1065 , *63 1066-67 (4th Cir. 1986) (noting that engaging in a continuing criminal enterprise is a non-parolable offense); United States v. Valenzuela, 646 F.2d 362, 354 (9th Cir. 1980) (“Congress clearly intended to make parole unavailable to those who violated section 848.
cited Cited "see" Curtis Napier v. William Scism
3rd Cir. · 2012 · signal: see · confidence high
See Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.1989) (per curiam) (discussing the Comprehensive Crime Control Act). 3 .
cited Cited "see" Jesus John Hernandez v. W.L. Garrison, Warden
5th Cir. · 1990 · signal: see · confidence high
See Gallardo v. Quinlan, 874 F.2d 186, 188 (3rd Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 373 , 107 L.Ed.2d 359 (1989).
cited Cited "see" United States v. Sussman, Barry. Appeal of Barry S. Sussman
3rd Cir. · 1990 · signal: see · confidence high
See Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.1989) (per curiam); United States v. Martinez-Zayas, 857 F.2d 122, 126-27 (3d Cir.1988).
discussed Cited "see" Michael McGraw Callaghan v. United States
6th Cir. · 1990 · signal: see · confidence high
See Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir.) (per curiam) (the new sentencing law applies only if the underlying offense was committed on or after November 1, 1987), cert. denied, 110 S.Ct. 373 (1989); United States v. Watson, 868 F.2d 157, 158 (5th Cir.1989) (the Federal Sentencing Guidelines apply only to offenses committed on or after their effective date, November 1, 1987); United States v. Stewart, 865 F.2d 115, 118-19 (7th Cir.1988) (the Sentencing Reform Act of 1984 did not apply to defendants whose offenses were committed prior to November 1, 1987); United States v. Burgess, 85…
discussed Cited "see, e.g." United States v. Clarence Toney
3rd Cir. · 2024 · signal: see also · confidence medium
See 28 C.F.R. § 572.40 (providing that § 4205(g) “remains the controlling law” for inmates whose offenses occurred before November 1, 1987); United States v. Jackson, 991 F.3d 851 , 854 (7th Cir. 2021) (explaining that § 3582 is “inapplicable to old-law [(pre-SRA)] prisoners”); see also Gallardo v. Quinlan, 874 F.2d 186, 188 (3d Cir. 1989) (per curiam) (concluding that the SRA did not apply to the appellants because they committed their offenses before November 1, 1987).
Retrieving the full opinion text from the archive…
Fernando GALLARDO and Herbert Sperling, Appellants,
v.
Michael J. QUINLAN, Patrick Keohane, and Benjamin F. Baer
88-5969.
Court of Appeals for the Third Circuit.
Jul 13, 1989.
874 F.2d 186
Louise 0. 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.
Higginbotham, Stapleton, Rosenn.
Cited by 14 opinions  |  Published

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, filed an action in the United States District Court for the Middle District of Pennsylvania, seeking declaratory judgment and relief in the nature of mandamus. They named as defendants the director of the United States Bureau of Prisons, the chairman of the United States Parole Commission, and the warden of the Lewisburg penitentiary. The section of the sentencing statute pursuant to which the plaintiffs were sentenced provided, inter alia, that they were ineligible for a minimum date of parole eligibility. Plaintiffs sought a declaration that, by virtue of the SRA, they were now entitled to a minimum date of parole eligibility. On defendants’ motion for summary judgment, the district court concluded that the amendments made by the SRA did not entitle plaintiffs to a minimum date of parole eligibility. The court entered summary judgment in favor of defendants.

Plaintiffs’ argument that the SRA entitles them to a minimum date of parole eligibility proceeds as follows. Plaintiffs Sperling and Gallardo were convicted in 1973 and 1982 respectively for violations of federal drug laws and were sentenced pursuant to 21 U.S.C. § 848(c). At the time of sentencing, section 848(c) explicitly disallowed parole eligibility. The statute stated:

In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and section 4202 of title 18 ... shall not apply.

21 U.S.C. § 848(c). Section 4202, inapplicable to section 848(c) offenders, provided for parole eligibility for inmates serving a term of one year or more who had served one-third of their sentence, and for inmates serving a life sentence or a sentence of over thirty years who had served ten years of their sentence. [1]

In 1984 Congress passed the Comprehensive Crime Control Act, P.L. 98-473, 1984 U.S.Code Cong. & Admin.News (98 Stat.) 1837. Chapter II of that Act, known as the Sentencing Reform Act of 1984 (SRA), replaced the federal system of indeterminate sentencing and parole with a system of determinate sentencing and no parole. The SRA removed entirely the concept of parole from federal sentencing and provided for the phasing out of the United States Parole[*188] Commission over a period of five years. The effective date of the SRA was originally to have been November 1, 1986; however, it was later extended to November 1, 1987.

As part of the SRA, under the heading “Technical and Conforming Amendments,” Congress deleted the reference to the parole statute from section 848(c), pursuant to which plaintiffs had been sentenced. It removed from 21 U.S.C. § 848(c) the language stating that “section 4202 of title 18” shall not apply. P.L. 98-473 § 224(e) 1984 U.S.Code Cong. & Admin.News (98 Stat.) 2030.

Plaintiffs argue that the deletion of the no-parole language from section 848(c) by implication amended the statute and effectively made section 4202 apply to section 848(c) offenders. Through the interplay of the amended section 848(c) and other provisions of the SRA, plaintiffs argue, they are now entitled to parole eligibility.

The question whether Congress really intended by this amendment of section 848(c) to confer parole eligibility to drug offenders who were sentenced with no possibility of parole, however, need not be reached. We dispose of this case at a more preliminary level, for it is clear that the SRA does not apply to plaintiffs’ offenses.

In the Sentencing Act of 1987, Congress amended section 235(a)(1) of the SRA to clarify its intent that the SRA apply “only to offenses committed after the taking effect of this chapter [on November 1, 1987].” P.L. 100-182 § 2(a) 1987 U.S.Code Cong. & Admin.News (101 Stat.) 1266. In United States v. Martinez-Zayas, 857 F.2d 122 (3d Cir.1988), this court reaffirmed that Congress intended the “provisions of its new sentencing law to apply only if the underlying offense was committed after November 1, 1987.” 857 F.2d at 127. Plaintiffs committed their offenses well before that date. The SRA therefore does not apply to them.

Accordingly, we will affirm the district court’s grant of summary judgment in favor of defendants.

1

. 18 U.S.C. § 4202 was amended in 1976 to become incorporated in 18 U.S.C. § 4205.