Legal Opinion

United States v. Phungphiphadhana

District Court, D. Nevada

Decided May 22, 1986No. CR LV 86-01, LDGPublishedCited by 23 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO CORRECT ILLEGAL SENTENCE

GEORGE, District Judge.

On March 31, 1986, Defendant filed a motion, pursuant to Fed.R.Cr.P. 35(a), to correct his sentence by striking the Court’s imposition of a special parole term of five years. The special parole term was to follow his 15-year imprisonment. Since the Defendant was convicted of willfully and knowingly distributing 3V2 kilograms of heroin, his punishment is prescribed in 21 U.S.C. § 841(b)(1)(A). That section provides for punishment by imprisonment or fine, or both. However, the section provides for no special…

2Cases cited3 opinions

  1. Bifulco v. United StatesSupreme Court of the United States · 1980
  2. United States v. Linda Jean BourdonCourt of Appeals for the Ninth Circuit · 1980
  3. United States v. David AndersonCourt of Appeals for the Ninth Circuit · 1980

3Cited by23 opinions

  1. United States v. Javier Robles-PantojaCourt of Appeals for the Fifth Circuit · 1989
  2. United States v. Juan De Los ReyesCourt of Appeals for the Fifth Circuit · 1988
  3. United States v. Moshe Gozlon-PeretzCourt of Appeals for the Third Circuit · 1990
  4. United States v. SanchezDistrict Court, N.D. Illinois · 1988
  5. United States v. Herbert McDanielCourt of Appeals for the Eighth Circuit · 1988

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