United States v. Bernard Ulano

In our opinion in this case, United States v. Ulano, 9 Cir., 614 F.2d 1257 (1980), we reserved decision on Ulano’s argument that the special parole term portion of his sentence, for violation of 21 U.S.C. § 846, was unlawful, noting that the issue was pending before the Supreme Court. The Supreme Court in Bifulco v. United States,-U.S. -, 100 S.Ct. 2247, 65 L.Ed.2d - (1980), has held that a special parole term is not authorized for violation of this statute, and is subject to attack under 28 U.S.C. § 2255.

The motion of Ulano 1 for recall of the mandate is granted. The petition for rehearing…