28 C.F.R. § 2.2

Eligibility for parole; adult sentences

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(a) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to 18 U.S.C. 4205 (a) (or pursuant to former 18 U.S.C. 4202) may be released on parole in the discretion of the Commission after completion of one-third of such term or terms, or after completion of ten years of a life sentence or of a sentence of over thirty years.

(b) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to 18 U.S.C. 4205(b)(1) (or pursuant to former 18 U.S.C. 4208(a)(1)) may be released on parole in the discretion of the Commission after completion of the court-designated minimum term, which may be less than but not more than one-third of the maximum sentence imposed.

(c) A Federal prisoner serving a maximum term or terms of more than one year imposed pursuant to 18 U.S.C. 4205(b)(2) (or pursuant to former 18 U.S.C. 4208(a)(2)) may be released on parole at any time in the discretion of the Commission.

(d) If the Court has imposed a maximum term or terms of more than one year pursuant to 18 U.S.C. 924(a) or 26 U.S.C. 5871 [violation of Federal gun control laws], a Federal prisoner serving such term or terms may be released in the discretion of the Commission as if sentenced pursuant to 18 U.S.C. 4205(b)(2). However, if the prisoner's offense was committed on or after October 12, 1984, and the Court imposes a term or terms under 26 U.S.C. 5871, the prisoner is eligible for parole only after service of one-third of such term or terms, pursuant to 18 U.S.C. 4205(a).

(e) A Federal prisoner serving a maximum term or terms of one year or less is not eligible for parole consideration by the Commission.

[42 FR 41408, Aug. 17, 1977, as amended at 50 FR 36423, Sept. 6, 1985; 53 FR 46870, Nov. 21, 1988]

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1977–2024 · leading case: Wilson v. Fullwood, 772 F. Supp. 2d 246 (D.D.C. 2011).

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Wilson v. Fullwood, 772 F. Supp. 2d 246 (D.D.C. 2011). “Code offenders, 28 C.F.R. § 2.2 (2010), and D.C. Code offenders, id.”

Charles R. Warren v. United States Parole Comm'n, 659 F.2d 183 (D.C. Cir. 1981). “Warren himself was paroled shortly after serving one-third of his twenty year sentence; he was sentenced on 26 March 1969, granted parole on 5 November 1975, and released on 5 April 1976.”

Whitney Paul Kills Crow v. United States, 555 F.2d 183 (8th Cir. 1977). “28 C.F.R. § 2.2 (1973). These standards allowed for discretionary application to particular cases and a more individualized treatment of parole applicants.”

United States v. Alex Ortiz, 742 F.2d 712 (2d Cir. 1984). “§ 4205 (a) (1982); 28 C.F.R. § 2.2 (a) (1983). The parole release guidelines, which require careful attention by the Parole Commission, Lieberman v.”

Gary Robert Williams v. United States Parole Comm'n, 707 F.2d 1060 (9th Cir. 1983). “See 28 C.F.R. §§ 2.2 , 2.5; 18 U.S.C. §§ 4161 , 4205(a).”

Anthanasios G. Dallis v. Tommy Martin, 929 F.2d 587 (10th Cir. 1991). · cites it 2× “The district court also noted that although the 1985 version of 28 C.F.R. § 2.2 (d) was in conflict with the then recently amended 26 U.”

United States v. Jose Javier Jaramillo-Montoya, 834 F.2d 276 (2d Cir. 1987). “§ 4205 (a) (1982); 28 C.F.R. § 2.2 (a) (1986), Jaramillo is statutorily eligible for parole after serving one-third of his term, or thirteen years, a matter which may be taken into account when assessing the harshness of the penalty.”

Addonizio v. United States, 573 F.2d 147 (3rd Cir. 1978). · cites it 2× “§§ 4202 and 4203: (1) observation of the rules of the institution in which the prisoner is confined; (2) a reasonable probability that the prisoner will live and remain at liberty without violating the laws; and (3) release not incompatible with the welfare of society.”

Charles Musto v. United States, 571 F.2d 136 (3rd Cir. 1978). “1977)); 28 C.F.R. § 2.2 (1973); Silverman I, supra, 538 F.”

Monks v. United States Parole Comm'n, 463 F. Supp. 859 (M.D. Penn. 1978). “See 28 C.F.R. § 2.2 (1977). 7 . Petitioner’s aggregate prison term (/.”

Prater v. U.S. Parole Comm'n, 575 F. Supp. 284 (S.D. Ind. 1983). “1977); see 28 C.F.R. §§ 2.2 (a)-(d), 2.18, 2.20(a), (c), (g) (1982); see also Bush v.”

United States v. Whelan, 456 F. Supp. 744 (D.N.J. 1978). “And the Court cites as a reference 28 CFR § 2.2 (1971). Under the later guidelines, the third element was replaced by one taking account of the “ ‘nature and circumstances of the offense’.”

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