Porter W. Mickle v. United States

19 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Porter W. MICKLE, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee. No. 93-15164. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 28, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Porter Wayland Mickle appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentence for a variety of drug convictions. Mickle claims the district court lacked statutory authority to impose five-year concurrent sentences of "supervised release" for offenses committed on December 11, 1985 and May 1, 1986. Mickle alleges those offenses occurred during a "gap period" between the October 12, 1984 amendment that eliminated "special parole" terms from 21 U.S.C. Sec. 960 , but before the effective date of "supervised release" terms added by the 1984 amendment and 18 U.S.C. Sec. 3583 . The…