UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
BERNARD ULANO, DEFENDANT-APPELLANT
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A special parole term is not authorized for violation of 21 U.S.C. § 846 and is subject to attack under 28 U.S.C. § 2255.
The court previously reserved decision on the legality of a special parole term for violation of 21 U.S.C. § 846 pending a Supreme Court ruling. The S…
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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 is granted. The case is remanded to the district court2 with directions that the special parole term of Ulano’s sentence be vacated. In all other respects, our opinion filed March 10, 1980, remains unchanged.
. Appellant’s substitution of attorneys is approved.
. District Judge Leo Brewster of the Northern District of Texas, sitting by designation, to whom the case had been assigned, died on November 27, 1979, and it appears that District Judge Manuel L. Real of the Central District of California is now handling the case.
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Citator
Cited By
-
United States v. Escobar, 674 F.2d 469 (5th Cir. 1982)
Authorities Cited
- Bifulco v. United States, 447 U.S. 381 (U.S. 1980)
- United States v. Ulano, 614 F.2d 1257 (9th Cir. 1980)