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Posada-Naves v. Hall, 95-30821 (1996)

Court: Court of Appeals for the Fifth Circuit Number: 95-30821 Visitors: 28
Filed: Feb. 08, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-30821 Summary Calendar _ ALVA POSADA-NAVES Petitioner-Appellant, versus KEITH HALL, Warden, Oakdale Federal Correctional Institute, Respondent-Appellee. _ Appeal from the United States District Court for the Western District of Louisiana (CA-94-1829) _ February 1, 1996 Before KING, SMITH, and BENAVIDES, Circuit Judges. PER CURIAM*: Alva Posada-Naves ("Posada-Naves") appeals from the district court's order denying his petition f
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               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE FIFTH CIRCUIT

                              ______________

                                No. 95-30821
                              Summary Calendar
                               ______________


ALVA POSADA-NAVES                                        Petitioner-Appellant,

                                    versus

KEITH HALL, Warden, Oakdale
Federal Correctional Institute,                           Respondent-Appellee.

_________________________________________________________________

           Appeal from the United States District Court
               for the Western District of Louisiana
                            (CA-94-1829)
_________________________________________________________________

                              February 1, 1996

Before KING, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM*:

     Alva Posada-Naves ("Posada-Naves") appeals from the district

court's order denying his petition for a writ of habeas corpus

pursuant to 28 U.S.C. § 2241.             He argues that the "no parole"

provision of 21 U.S.C. § 960 does not apply to his conviction and

sentence because the statute did not become effective on the day of

enactment.     Our   review    of   the    record   on    appeal   reveals   no

reversible error.    "[A]bsent a clear direction by Congress to the

contrary, a law takes effect on the date of its enactment."

Gozlon-Peretz v. United States, 
498 U.S. 395
, 
111 S. Ct. 840
, 846,


    *
       Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.

112 L. Ed. 2d 919
(1991); see also United States v. Giltner, 
972 F.2d 1563
, 1565 (11th Cir. 1992), cert. denied, ___U.S.___, 
113 S. Ct. 2383
, 
124 L. Ed. 2d 286
(1993).       Thus, the "no-parole" provision

became effective on October 27, 1986 and was applicable to Posada-

Naves's offense.

     AFFIRMED.




                                2

Source:  CourtListener

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