United States v. Figueroa

MEMORANDUM OPINION

CONBOY, District Judge:

The late Honorable Edward Weinfeld, U.S.D.J., sentenced the defendant, following a plea of guilty to violation of 21 U.S.C. sections 812, 841(a)(1), 841(b)(1)(A) (1982), to four years imprisonment, and, pursuant to 21 U.S.C. section 841, a special parole term of three years, to commence on the expiration of defendant’s confinement. Defendant now moves, under 28 U.S.C. section 2255 (1982),1 for correction of an illegal sentence. See, e.g., Dioguardi v. United States, 587 F.2d 572, 573 (2d Cir.1978). The basis for Figueroa’s motion is “that the…