Legal Opinion
Caldwell v. Spears
District Court, S.D. New York
Decided August 21, 1997No. 97 Civ. 1399(LAK)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Petitioner was sentenced to a term of special parole under 21 U.S.C. § 841(c), since repealed. 1 Upon revocation, he was sentenced to a new term of imprisonment. Subsequently, the Parole Commission imposed a new term of special parole. Petitioner contends that Section 841(c) did not empower the Commission to impose the new term of special parole. He seeks a writ of habeas corpus vacating the additional term.
The question raised here is one that has divided the circuits that have ruled upon it. The Second Circuit has not yet addressed the issue.
Facts
Petit…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Shaun K. O'NeilCourt of Appeals for the First Circuit · 1993
- United States v. Raynell HolmesCourt of Appeals for the Fifth Circuit · 1992
- Kevin Fowler v. United States Parole CommissionCourt of Appeals for the Third Circuit · 1996
- Kent Evans v. United States Parole Commission, Jay Van Russell v. United States Parole CommissionCourt of Appeals for the Seventh Circuit · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- David Strong v. U.S. Parole CommissionCourt of Appeals for the Second Circuit · 1998
- Hernandez v. U.S. Parole CommissionDistrict Court, D. Kansas · 1998