United States Parole Commission v. George E. Viveros

Federal narcotics laws provide that when someone is incarcerated for a drug offense, he must receive a three-year term of “special parole.” 21 U.S.C. § 841 (b)(1) (1970). A special parole is a period of supervision added on to the prison sentence imposing obligations on the defendant, violation of which leads to mandatory imprisonment for a term equal to the entire special parole period. 21 U.S.C. § 841 (c) (1970). The narcotics laws also require that special parole be imposed in addition to any regular parole terms:

21 U.S.C. § 841 (c) (1970). The question presented in this case is whether § 841(c) requires that special parole for a drug offense be served subsequent to a regular parole for a different offense. We conclude that it does.

FACTS

In 1971, Viveros was sentenced for drug peddling to three years’ imprisonment followed by three years’ special parole. In 1972, he was sentenced to five years’ imprisonment on a conspiracy conviction. The sentences were to be served concurrently beginning in 1973.

After 34 months of prison, Viveros was released on parole in 1976. His parole was revoked in 1979, but he was reparoled in 1982 with termination of parole set for February…