United States of America, Plaintiff-appellee, v. Bernard Ulano, Defendant-appellant, 625 F.2d 1383 (9th Cir. 1980)Annotate this Case
Before CHAMBERS and TRASK, Circuit Judges, and KING,* District Judge.
ORDER RECALLING MANDATE, GRANTING PETITION FOR REHEARING AND REMANDING
In our opinion in this case, United States v. Ulano, 9 Cir., 614 F.2d 1257 (1980), we reserved decision on Ulano's argument that the special parole term portion of his sentence, for violation of 21 U.S.C. § 846, was unlawful, noting that the issue was pending before the Supreme Court. The Supreme Court in Bifulco v. United States, --- U.S. ----, 100 S. Ct. 2247, 65 L. Ed. 2d ---- (1980), has held that a special parole term is not authorized for violation of this statute, and is subject to attack under 28 U.S.C. § 2255.
The Honorable Samuel P. King, United States District Judge for the District of Hawaii, sitting by designation
Appellant's substitution of attorneys is approved
District Judge Leo Brewster of the Northern District of Texas, sitting by designation, to whom the case had been assigned, died on November 27, 1979, and it appears that District Judge Manuel L. Real of the Central District of California is now handling the case