United States v. Robert A. Stalnaker

WINTER, Circuit Judge:

Robert A. Stalnaker pleaded guilty to two counts of an indictment charging him with selling heroin, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. His appeal raises only a question about the validity of the sentence imposed by the district court. It denied Stalnaker’s motion for special sentencing under the provisions of the Narcotic Addict Rehabilitation Act, 18 U.S.C. §§ 4251 et seq. (NARA), and sentenced him instead to concurrent terms of ten years followed by the mandatory special parole term of three years required by 21 U.S.C. § 841(a)(1).

Because we…