United States v. T.L. Brickell

Brickell appeals from the district court’s denial of his Fed.R.Crim.P. 35(a) motion to correct an illegal sentence. He challenges the legality of a special parole term imposed as part of his sentence for violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). Brickell argues that the district court was not authorized to impose a special parole term under the version of 21 U.S.C. § 841 (b)(1)(A) in effect when he was sentenced. The district court had jurisdiction under 18 U.S.C. § 3742 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because the record leaves unclear the precise statutory basis for Brickell’s sentence, we cannot evaluate the legality of his sentence. We therefore remand to the district court for clarification of Brickell’s sentence.

On January 18, 1985, Brickell pleaded guilty to a single count of distribution of heroin in violation of 18 U.S.C. § 2 , as well as 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). On March 8,1985, the court sentenced Bric-kell to seven years in prison, to be followed by a special parole term of five years, plus a fifty dollar fine. On December 11, 1987, Brickell filed a motion to correct an illegal sentence pursuant to…