United States v. Herbert McDaniel

BOWMAN, Circuit Judge.

Herbert McDaniel appeals, pro se and in forma pauperis, the District Court’s 1 denial of his motion, filed pursuant to Fed.R.Crim. P. 35(a), to correct an illegal sentence. We affirm.

On March 12, 1985, a jury convicted McDaniel for knowingly and intentionally distributing heroin and cocaine in violation of 21 U.S.C. § 841(a)(1) (1982) and 18 U.S.C. § 2 (1982). On April 5, 1985, McDaniel, a first-time offender, was sentenced to fifteen years imprisonment, a $75,000.00 fine, and a $50.00 special assessment. Additionally, a five-year special parole term was imposed. This…