He was sentenced under the old guidelines where you're eligible after serving 1/3 of your sentence. Plus 40 years was very heavy for that and I think he may have gotten s slight reduction in his term (not positive though).
He was sentenced in 1987,when was changed the guidelines?
I'm not exactly sure of the year, but probably by the early or mid-1990s.
I know that my cousin and uncle went away in the mid and late 1980s, and a very close 'compare' of mine went away in 1991, and they were all sentenced under the old federal guidelines. (each of them maxed out doing 2/3s of their bits too, because each was labeled "organized crime" and once they reached the can the BOP stamped each of their "jackets" OC. The parole board didn't give a fuck.
They had no shot at all of doing only one third of their time. They each maxed out at 66.6%. None of them even got a 30 to 90 day halfway house either. That what happens when your surname ends in a vowel and you get that label...Que, Sera, Sera!