Pedro Vizcanio Garcia v. United States

Appellant Garcia challenges the validity of the special parole term imposed upon him after he pled guilty to possession with intent to distribute cocaine in violation of 21 U.S.C.A. § 841(a). He was sentenced to three years imprisonment and a three-year special parole term under 21 U.S.C.A. § 841(b)(1)(A); see also 21 U.S.C.A. § 841(c) (discussing ramifications of violation of special parole term). Over nineteen months after the imposition of sentence, Garcia moved for correction or reduction of sentence under Fed.R.Crim.P. 35. Since the Rule 35 motion was untimely, the district court treated…