Does the failure to advise appellant of ineligibility for parole apply in the context of his application for special parole?

MultiRegion, United States of America

The following excerpt is from Del Vecchio v. U.S., 556 F.2d 106 (2nd Cir. 1977):

2 Appellant's 2255 petition does not clearly complain of the failure to advise him of ineligibility for parole. Similarly, his main brief in this court does not distinguish between this "consequence" of a guilty plea and a minimum mandatory sentence, but instead argues that he was not advised that he was "ineligible for immediate parole in that he was obliged to serve a minimum mandatory sentence." The minimum mandatory sentence here, five years on the old law counts is separate, however, from the general ineligibility for parole imposed by the prior law on narcotics offenders. In 1974, narcotics offenders sentenced under the old law were made eligible for parole. See note 10, infra, and Gates v. United States, 515 F.2d 73, 77-78 (7th Cir. 1975).

3 Special parole is "a period of supervised release after expiration of the regular sentence, violation of the terms of which would result in . . . reconfinement for the entire length of the special parole term." Ferguson v. United States, 513 F.2d 1011-12 (2d Cir. 1975).

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