United States v. Santos Torres

Santos Torres appeals the denial of his motion to correct his sentence of 25 years of special parole following his guilty plea for distribution of cocaine in violation of 21 U.S.C. § 841 (a)(1). Because we conclude that the version of 21 U.S.C. § 841 (b)(1)(A) in effect at the time of Torres’ sentencing did not authorize the imposition of a special parole term, but did require the imposition of a mandatory term of supervised release, we reverse and remand for resentencing.

On May 22, 1987, the district court sentenced Torres to a fifteen-year term of imprisonment and a 25-year special parole term. Torres filed a motion for correction of sentence pursuant to Fed.R.Crim.P. 35(a) on November 13, 1987, asking the court to strike the special parole term as illegal. The court denied this motion on November 16, 1987, stating that “a special parole term is mandatory, there is no illegality.” This appeal followed.

Prior to 1984, 21 U.S.C. § 841 (b)(l)(A)(1982) required that first-time narcotics offenders like Torres receive a minimum special parole term of at least three years. The provision read, in pertinent part:

Special parole could be revoked if its conditions were violated, and…