United States v. Thomas A. Rodrigue

Rodrigue appeals from an order of the district court 1 denying appellant relief under 28 U.S.C. § 2255. 2 Rodrigue’s action is based on the premise that at the time of his plea and sentence he had not been properly advised of the existence of a special parole term mandatorily imposed under 21 U.S.C. § 841(b)(1)(B) for drug offenses. Rodrigue also alleges that his total sentence exceeded his “plea bargain.” '

It appears that no mention was made of the mandatory special parole term by the court to Rodrigue. Concededly, a Fed.R.Crim.P. 11 error was made as a result of this omission as pointed out…