Santos-Reyes v. United States

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Petitioner Hector Santos-Reyes moves pro se pursuant to 28 U.S.C. § 2255 and Fed.R.Crim.P. 35 to vacate his sentence as illegally imposing terms of special parole. For the reasons discussed below, petitioner’s motion is granted with respect to the special parole term imposed on count four and denied in all other respects.

BACKGROUND

On November 1, 1985, a four-count indictment was filed against Santos-Reyes and co-defendant Hector Luis Rivera. Count one charged Santos-Reyes and Rivera with conspiracy to distribute heroin in violation of 21…