Unpublished Dispositionunited States of America, Plaintiff-appellee, v. Jasper Warlick Pearsall, Defendant-appellant, 826 F.2d 1065 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 826 F.2d 1065 (6th Cir. 1987) August 25, 1987


Before RALPH B. GUY, Jr., and BOGGS, Circuit Judges, and SUHRHEINRICH, District Judge.* 

The defendant pleaded guilty to one count of conspiracy to distribute cocaine, 21 U.S.C. § 846, and was sentenced to five (5) years imprisonment plus four (4) years of supervised release. He appeals from the imposition of the four (4) year term. The government now moves to remand the case to the district court for resentencing on grounds that the mandatory minimum sentences and terms of supervised release required by the Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, 100 Stat. 3207 (1986) do not apply to convictions pursuant to 21 U.S.C. § 846. The defendant has informed the Court that he does not oppose the motion.

Upon consideration,

It is ORDERED that the motion for remand is granted.


The Honorable Richard F. Suhrheinrich, U.S. District Judge for the Eastern District of Michigan, sitting by designation