United States v. Nicholas Hincapie

Nicholas Hincapié appeals from an order of the United States District Court of the Eastern District of New York (Jack B. Wein-stein, Judge) denying his motion for correction of his sentence pursuant to Fed. R.Crim.P. 35(a).

Hincapié pleaded guilty to “knowingly and intentionally possess[ing] with intent to distribute a substantial quantity of cocaine” in violation of 21 U.S.C. § 841(a)(1). 1 The district judge imposed a five-year prison sentence, a ten-year special parole term, and a fifty dollar fíne. Hincapié challenges the imposition of the special parole term, arguing that it was…