Spargo

United States v. Spargo

Good Law
23 F. App'x 852
United States Court of Appeals for the Ninth CircuitJanuary 7, 2002No. 00-15421; D.C. Nos. CV-99-06544-REC, CR-86-00073-RECCalifornia266 words

Opinion

Lead Opinion

MEMORANDUM ***

Spargo appeals the district court’s denial of his motion to correct an “illegal” sentence for his conviction for drug trafficking crimes involving approximately 39 pounds of methamphetamine. Spargo’s claim is that, because of the large amounts of drugs with which he was caught, he should have been sentenced under 21 U.S.C. § 841 (b)(1)(A) and therefore not subject to a period of special parole. However, that *853 section does not cover Schedule II controlled substances.

Spargo’s crime involved methamphetamine. Because methamphetamine is a Schedule II controlled substance, see 21 U.S.C. §§ 802 (9), 802(17), Spargo is subject to § 841(b)(1)(B), which provides sentences for violations of § 841(a) involving other Schedule I or II controlled substances, or smaller quantities of narcotic drugs such as cocaine.

Among the penalties permitted by the statute under this section is special parole. Accordingly, Spargo was properly sentenced under 21 U.S.C. § 841 (b)(1)(B). See United States v. Gozlon-Peretz, 498 U.S. 395, 399-400 , 111 S.Ct. 840 , 112 L.Ed.2d 919 (1991) (“Persons convicted of crimes involving lesser amounts of narcotic and non-narcotic substances remained…

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