Tebha

The jury returned against Mark I. Tebha a verdict of guilty on Count 1 of an indictment charging him with having unlawful possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841 (b)(1)(A). That statute purports to establish as a maximum penalty in the case of a first offender — which is the situation of Tebha— imprisonment for 15 years and a fine of $25,000, plus a special parole term of at least 3 years .

On February 7, 1984 I imposed upon Tebha a sentence of 7 years imprisonment to be served in an institution to be designated by the Attorney General. I did not include the special parole term set forth in the last sentence of paragraph 1 of 21 U.S.C. § 841 (b)(1)(A).

Thereafter the government moved to have my sentence amended to provide that Tebha should at the end of his 7 year imprisonment be placed on special parole for 3 years.

For the following reasons I deny the motion.

The provision for a special parole following the 7 year term of imprisonment is invalid both on the ground of ambiguity and on the ground of failure to indicate the precise maximum penalty for any violation of the special parole; and each of these two grounds is a denial…