Unpublished Disposition, 878 F.2d 387 (9th Cir. 1987)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 387 (9th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,v.Edward SOFOWORA, Defendant-Appellant.

No. 88-1570.

United States Court of Appeals, Ninth Circuit.

Submitted June 21, 1989.* Decided June 23, 1989.

Thelton E. Henderson, District Judge, Presiding.

Before: HUG, SCHROEDER, and LEAVY, Circuit Judges.

MEMORANDUM** 

Edward Sofowora, a former federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate the three year special parole term imposed pursuant to 21 U.S.C. § 841(b) (1) (B). We affirm.

Sofowora was convicted and sentenced on August 19, 1986 of possession with intent to distribute two ounces of heroin in violation of 21 U.S.C. § 841(a) (1). Sofowora contends that the three year special parole term was imposed in violation of the Comprehensive Crime Control Act of 1984, Pub. L. 98-473, Sec. 224, which deleted the special parole term from Sec. 841(b). Section 224 of the Sentencing Reform Act of 1984, Chapter II of the Comprehensive Crime Control Act of 1984, Pub. L. No. 98-473, repealed the automatic minimum special parole term imposed pursuant to section 841(b) (1) (B). Pub. L. No. 98-473, Sec. 224(a) (2), 98 Stat. 1837, 2030 (1984). Section 235(a) (1) of this Act delayed the effective date of Chapter II until November 1, 1986, later changed to November 1, 1987. Pub. L. No. 98-473, Sec. 235(a) (1), 98 Stat. at 2031 (effective November 1, 1986); Sentencing Reform Amendments Act of 1985, Pub. L. No. 99-217, Sec. 4, 99 Stat. 1728 (1985) (effective November 1, 1987). On October 27, 1986, before the repeal of the special parole term became effective, however, Congress passed the Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, 100 Stat. 3207 (1986). Section 1005(a) (2) of that Act nullified the repeal of the special parole term which had been effected by section 224(a). Pub. L. No. 99-570, Sec. 1005(a) (2), 100 Stat. 3207-6 (1986); see United States v. T.L. Brickell, 872 F.2d 307, 308-310 (9th Cir. 1989). Therefore, the Sentencing Reform Act amendments did not apply at the time of Sofowora's sentencing and the three year special parole term was properly imposed.

The district court properly determined that the interest of justice did not require the appointment of counsel for Sofowora. See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).


AFFIRMED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3