United States v. David S. Kuck

BREITENSTEIN, Circuit Judge.

The issue in this appeal is whether the special parole term provided in 21 U.S.C. § 841(b) violates the United States Constitution. On a Rule 35, F.R.Crim.P., motion for vacation of sentence, the district court upheld the special parole provision and this appeal followed.

The jury found defendant-appellant Kuck guilty of charges relating to the manufacture, distribution, and possession of amphetamines and methamphetamines in violation of 21 U.S.C. §§ 846 and 841(a). On June 10, 1977, he was sentenced to five-year concurrent terms with a special parole term of five…