United States v. Mowery

ORDER

OWENS, Chief Judge.

Pursuant to Rule 35 of the Federal Rules of Criminal Procedure, defendant moved this court to correct what he contended was an illegal sentence. Among other aspects of defendant’s sentence, this court had imposed upon defendant Mowery a five year special parole term. Such parole term had been imposed pursuant to 21 U.S.C. § 841(b)(1)(A). Defendant’s motion was denied on December 5, 1988, and again on January 5, 1989.

Upon reconsideration of defendant Mowery’s motion, this court has examined the applicable code section and has studied the various amendments to that…