United States v. Thomas Cullen Hudgens

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Cullen HUDGENS, Defendant-Appellant. No. 94-30126. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Thomas C. Hudgens appeals pro se the district court's denial of his former Fed.R.Crim.P. 35(a) (1986) motion to correct his sentence imposed following his guilty plea to distributing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Hudgens claims that the district court lacked the legal authority to impose an eight-year special parole term. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 We review de novo whether a sentence is illegal. United States v. Fowler, 794 F.2d 1446, 1449 (9th Cir.1986), cert. denied, 107 S.Ct. 1309 (1987). A sentence is illegal if it is not authorized by the judgment of conviction,…