United States of America, Plaintiff-appellee, v. William Robert Franck, Defendant-appellant, 917 F.2d 1302 (4th Cir. 1990)

William Robert Franck, a federal prisoner, brought this Fed. R. Crim. P. 35(a) motion alleging that he was unlawfully sentenced to a special parole term.^*  He pled guilty to a violation of 21 U.S.C. § 841(a) (1) and was sentenced to eight years in prison and a 10-year special parole term pursuant to 21 U.S.C. § 841(b) (1) (A). He alleges that he should not have been sentenced to a special parole term because the special parole term provision of Sec. 841(b) (1) (A) was no longer in effect at the time he was sentenced.

The offense to which Franck pled guilty was committed on September 2, 1984. He was sentenced pursuant to 21 U.S.C. § 841(b) (1) (A), which required the imposition of a special parole term for anyone convicted of violation of 21 U.S.C. § 841(a) (1). The statute was changed on October 12, 1984, to delete the requirement of a special parole term, but because Franck's offense was committed before that date, he was subject to the special parole term requirement. Therefore, he was properly sentenced, and the district court did not err in dismissing his action.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid the decisional process.

AFFIRMED.