United States v. Tebha

Opinion

WYZANSKI, Senior District Judge. *

The jury returned against Mark I. Tebha a verdict of guilty on Count 1 of an indictment charging him with having unlawful possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(b)(1)(A). That statute purports to establish as a maximum penalty in the case of a first offender — which is the situation of Tebha— imprisonment for 15 years and a fine of $25,000, plus a special parole term of at least 3 years 1 .

On February 7, 1984 I imposed upon Tebha a sentence of 7 years imprisonment to be served in an institution to be designated…