United States v. Nazario Toribio

OPINION AND ORDER

FUSTE, District Judge.

This case, before the court on defendant’s motion pursuant to Fed.R.Crim.P. 35(b), presents thorny issues regarding the application of the Anti-Drug Abuse Act of 1986, Pub.L. 99-570, to acts occurring prior to November 1, 1987. At bar are three related matters: a) whether the court may impose a term of “supervised release” for acts committed prior to November 1, 1987; b) whether the court may impose a term of “special parole” for acts committed prior to November 1, 1987; and c) whether a defendant is eligible for parole when sentenced for acts committed…