United States v. Gary Lee Mack

OPINION

Gary Lee Mack urges that the imposition of a three-year prison term and a two-year special parole term pursuant to 21 U.S.C. § 841 in a corrective sentence following a successful appeal to this court violated the Double Jeopardy Clause of the Fifth Amendment. On the prior appeal we stated that imposition of an identical sentence did not violate the Double Jeopardy Clause. United States v. Mack, 494 F.2d 1204, 1206-1208 (9th Cir. 1974). Mack contends that this statement must be deemed dictum since we went on to hold that a valid sentence had not been imposed.

Mack argues that, because…