"rule of lenity" would require that courts construe it in favor of the accused. Staples v. United States, 511 U.S. 600, 619 n.17, 128 L. Ed. 2d 608, 114 S. Ct. 1793 (1994); Armstrong, 947 F. Supp. at 1506.
This Court agrees with the majority of courts, which have concluded that re-release to traditional parole is the option provided for by § 841(c). Accordingly, when Fultz's special parole was revoked on April 22, 1987, his street time was forfeited and his ten-year special parole term was converted to a new term of imprisonment commencing on that date. The Parole Commission had no authority to release him to other than regular parole after the initial revocation. Fultz's parole term therefore must conclude on April 22, 1997, and he is entitled to be released from custody as of that date.
For the foregoing reasons, the Court finds that Fultz has served his full sentence as of April 22, 1997. Therefore, the petition for writ of habeas corpus is hereby GRANTED.
IT IS SO ORDERED.
Dated: April 24, 1997
IRMA E. GONZALEZ
United States District Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA vs Robert L. Fultz
CRIMINAL CASE NUMBER 77-0830-T
ABSTRACT OF ORDER
TO THE UNITED STATES MARSHAL AND / OR WARDEN, METROPOLITAN CORRECTIONAL CENTER:
Be advised that under date of April 24, 1997 the Court entered the following order:
Defendant be released from custody.
Defendant placed on supervised / unsupervised probation / supervised release.
Defendant continued on supervised / unsupervised probation / supervised release and released from custody.
Defendant released on $ bond posted.
Defendant appeared in Court. FINGERPRINT & RELEASE.
Defendant remanded and ( bond) ( bond on appeal) exonerated.
Defendant sentenced to TIME SERVED, supervised release for years.
c.c. judgment Court of Appeals ( affirming) ( reversing) decision of this Court: dismissing appeal filed.
Bench warrant recalled.
Defendant forfeited collateral.
Defendant to be released to Pretrial Services for electronic monitoring.
Other.Pursuant to Writ of Habeas Corpus
UNITED STATES MAGISTRATE JUDGE