United States v. Drishti

VINCENT L. BRODERICK, District Judge.

The above defendant has moved for relief from his sentence under former Rule 35(a) of the Federal Rules of Criminal Procedure on the ground that at the time of sentencing, the special parole term of fifteen years I imposed was unauthorized. I deny the motion.

At the time of the defendant’s offense, distributing one kilogram of heroin on or about January 4, 1981 in violation of 21 U.S.C. §§ 812 and 841, the special parole *751term was authorized by 18 U.S.C. § 841(b)(1)(A). This provision was no longer in effect at the time of sentencing. 98 Stat. 2030 (1984).…