United States v. Paul Lee Scott

Paul Lee Scott pleaded guilty to violating 21 U.S.C. § 846. He was sentenced to a prison term of five years and a special parole term of ten years on January 30, 1980. On June 16, the Supreme Court held in Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), that a special parole term cannot be imposed for a violation of 21 U.S.C. § 846. On July 21, Scott filed a pro se motion asking the court to “eliminate this illegal sentence of special parole.” See Fed.R.Crim.P. 35(a). Rather than simply granting Scott’s motion and vacating the special parole term, see Bifulco,…