United States v. David Leslie Middlebrooks

In United States v. Middlebrooks, 618 F.2d 273 (5th Cir., 1980), we rejected the appellant’s argument that the trial court erred in imposing a three-year special parole term pursuant to 21 U.S.C.A. § 846. In doing so, we relied upon authority, Cantu v. United States, 598 F.2d 471 (5th Cir. 1979), which appeared to dispose of the appellant’s contention that no special parole term was authorized by that section. The appellant timely filed a petition for rehearing, raising only the sufficiency of the evidence. Subsequent to the filing of the petition for rehearing, but during the time in which a…