Warden v. Marrero

LOCATION:Central Intelligence Agency Headquarters

DOCKET NO.: 73-831
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Third Circuit

CITATION: 417 US 653 (1974)
ARGUED: Apr 29, 1974
DECIDED: Jun 19, 1974

Jewel S. Lafontant – Deputy Solicitor General, Department of Justice, for the petitioner
John J. Witmeyer, III – for respondent, pro hac vice, by special leave of Court

Facts of the case


Media for Warden v. Marrero

Audio Transcription for Oral Argument – April 29, 1974 in Warden v. Marrero

Audio Transcription for Opinion Announcement – June 19, 1974 in Warden v. Marrero

Warren E. Burger:

The disposition of number 73-831, Warden against Marrero will be announced by Mr. Justice Brennan.

William J. Brennan, Jr.:

In this case, the Court of Appeals for the Third Circuit held that the Comprehensive Drug Abuse Prevention and Control Act of 1970, which became effective on May 1, 1971 had repealed provisions of trial law under which drug offenders sentenced before May 1, 1971 were ineligible for consideration for parole.

We disagree and hold that the provisions of the old law are preserved by Section 1103 (a) of a new law and by the general saving statute 1 U.S.C, Section 109.

We therefore reverse the judgment of the Court of Appeals.

Mr. Justice Blackmun, joined by Justice Douglas and Justice Marshall dissents and have filed their dissenting opinion.

Warren E. Burger:

Thank you, Mr. Justice Brennan.