Robles

Timothy Robles, a federal prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus. Robles challenges his second special parole and its revocation, which is the cause of his current incarceration. At issue is the meaning of § 401(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. No. 91-513, 84 Stat. 1236, 1262, 21 U.S.C. § 841 (c) (1982) (“Act”). 1 Does § 401(c) permit the United States Parole Commission to impose a second term of special parole after it revokes the original special parole? This is a question that has caused a split in the circuits. We join the Third, Fourth, Fifth, and Seventh Circuits in holding that the Act does not authorize the Commission to impose a second term of special parole. We accordingly reverse the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

In 1989, Robles pleaded guilty to distributing cocaine. The court sentenced him to a period of imprisonment and a special parole term of seven years, pursuant to § 401(a) & (b) of the Act. 3 Robles spent about three years in prison, and then began to serve his special parole term. 4 Thus, Robles could have expected to be…