United States v. James Warren Myers

Myers appeals from an order denying his motion for modification of his sentence, made under F.R.Crim.P. Rule 35. We reverse.

On October 7, 1975, Myers pled guilty to one count charging violation of 21 U.S.C. § 841 (a)(1), possession and distribution of a controlled substance, hashish oil. On November 3, 1975, he was sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010 (b), “until discharged as provided in ... 18 U.S.C. § 5017 (c).”

Section 5010(b) provides:

Section 5017(c) provides:

In addition to the § 5010(b) sentence, the court simultaneously imposed an additional special parole term of ten years under the terms of 21 U.S.C. § 841 (b)(1)(A), which provides:

Myers claims that this additional sentence to a special parole term is unlawful, and we agree. The court denied Myers’ motion to modify the sentence on the ground that the six-year limitation imposed by 18 U.S.C. §§ 5010 (b) and 5017(c) was only “in lieu of imprisonment,” (§ 5010(b)) and the special parole term required by 21 U.S.C. § 841 (b)(1)(A) is not imprisonment. We find this attempted reconciliation of the two sentencing statutes unpersuasive. In the first place, while a parole term is…