United States v. Alvin Broussard

This is an appeal from the denial of a motion to vacate the sentence, 28 U.S.C. § 2255, imposed on Broussard after his 1978 conviction, on a plea of guilty, to the charge of conspiracy to import marijuana in violation of 21 U.S.C. §§ 952 and 963. He was sentenced to five years imprisonment and a 20 year special parole term. Finding that the special parole term could not validly be imposed, we reverse in part and vacate that portion of the sentence. We affirm the denial of the remainder of the motion. 1

We have recently held that 21 U.S.C. § 963, the statute that proscribes conspiracy to import…