C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 2—PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS › Subpart A—United States Code Prisoners and Parolees

28 C.F.R. § 2.53

Mandatory parole

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(a) A prisoner (including a prisoner sentenced under the Narcotic Addict Rehabilitation Act, Federal Juvenile Delinquency Act, or the provisions of 5010(c) of the Youth Corrections Act) serving a term or terms of 5 years or longer shall be released on parole after completion of two-thirds of each consecutive term or terms or after completion of 30 years of each term or terms of more than 45 years (including life terms), whichever comes earlier, unless pursuant to a hearing under this section, the Commission determines that there is a reasonable probability that the prisoner will commit any Federal, State, or local crime or that the prisoner has frequently or seriously violated the rules of the institution in which he is confined. If parole is denied pursuant to this section, such prisoner shall serve until the expiration of his sentence less good time.

(b) When feasible, at least 60 days prior to the scheduled two-thirds date, a review of the record shall be conducted by an examiner panel. If a mandatory parole is ordered following this review, no hearing shall be conducted.

(c) A prisoner released on mandatory parole pursuant to this section shall remain under supervision until the expiration of the full term of his sentence unless the Commission terminates parole supervision pursuant to § 2.43 prior to the full term date of the sentence.

(d) A prisoner whose parole has been revoked and whose parole violator term is 5 years or more shall be eligible for mandatory parole under the provisions of this section upon completion of two-thirds of the violator term and shall be considered for mandatory parole under the same terms as any other eligible prisoner.

[43 FR 38822, Aug. 31, 1978]
Notes of Decisions
Cited in 37 cases (2 in the last 5 years), 1975–2026 · leading case: Moody v. Daggett, 429 U.S. 78 (1976).
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Moody v. Daggett, 429 U.S. 78 (1976). · cites it 2× “[5] Under them, and the Board's own regulations, 28 CFR § 2.53 (1975), [6] it was the Board's practice to issue a parole violator warrant as a matter *83 of course whenever a federal parolee was convicted of a new offense.”
Erasmo Gambino v. E.W. Morris (Warden-Fci Fairton) United States Parole Comm'r, 134 F.3d 156 (3rd Cir. 1998). · cites it 2× “This action on the part of the Parole Commission constituted a violation of 28 C.F.R. § 2.53 1 by failing to provide a hearing complying with 28 C.”
Holt v. Terris, 269 F. Supp. 3d 788 (E.D. Mich. 2017). · cites it 6× “1, PID 9 (citing 28 C.F.R. § 2.53 ); R. 6, PID 72; R. 9, PID 95 (citing 28 C.”
Lyman T. Shepard v. United States Bd. of Parole, 541 F.2d 322 (2d Cir. 1976). · cites it 5× “Prior to May 14, the Board’s treatment of Shepard was regulated primarily by 28 C.F.R. § 2.53 : (a) In those instances where the prisoner is serving a new sentence in an institution, the warrant may be placed there as a detainer.”
Conklin Wallace v. Robert Christensen, 802 F.2d 1539 (9th Cir. 1986). “§ 4205(a); 28 C.F.R. § 2.53 (a). See also Garcia, 660 F.”
United States of Am. Ex Rel. Ciro M. Caruso, N. J. S. P. No. 56349 v. United States Bd. of Parole, 570 F.2d 1150 (3rd Cir. 1978). · cites it 2× “Under the regulations then in effect, 28 C.F.R. § 2.53 (1975) (promulgated pursuant to 18 U.”
Carroll Lee Wyatt v. United States Parole Comm'n, 571 F.2d 1089 (9th Cir. 1978). · cites it 4× “§§ 4205 and 4207, and 28 C.F.R. § 2.53 (1975). The former law does not contain the 180-day period of present 18 U.”
Veronza L. Bowers, Jr. v. United States Parole Comm'n, Warden, 760 F.3d 1177 (11th Cir. 2014). “See 28 C.F.R. § 2.53 . The Parole Commission and Reorganization Act (Parole Act), Pub.”
Bruscino v. True, 708 F. App'x 930 (10th Cir. 2017). “We interpret this as a renewed request for the primary relief he sought in his habeas petition — immediate release from confinement because prior to his two-thirds date the Commission hadn’t conducted the hearing or made the § 4206(d) finding required to forestall mandatory…”
Bowers v. Keller, 651 F.3d 1277 (11th Cir. 2011). “See 28 C.F.R. § 2.53 . 4 . The regulations set out seven permissible grounds for appeal.”
John Priore v. W. Raymond Nelson, Warden, Fed. Corr. Inst., Danbury, Connecticut, & Cecil McCall Chairman, U. S. Parole Comm'n, 626 F.2d 211 (2d Cir. 1980). “Assuming that he has a clear institutional record at the end of 40 months' incarceration and there is no reasonable probability that he will commit a crime upon release, the Commission should release him; if not, he will be entitled to seek a prompt hearing under 28 C.”
Reese v. United States Bd. of Parole, 530 F.2d 231 (9th Cir. 1976). · cites it 4× “The appellants *234 argue that hearing should have been held promptly upon the warrant and in the case of Marine that the Board of Parole be directed “to release any and all claim they may have against appellant as a mandatory release violator.”
Show all 37 citing cases →
— 28 C.F.R. § 2.53(A) — 1 case
Walton v. Wright, 407 F. Supp. 783 (W.D. Wis. 1976).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.