Unpublished Disposition, 909 F.2d 1488 (9th Cir. 1986)

MEMORANDUM^** 

Paul Arthur Gysels, Jr., a federal prisoner, appeals pro se the district court's order denying his 28 U.S.C. § 2255 motion to correct his sentence. Gysels contends that the district court erred in imposing a ten-year special parole term.¹  We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir. 1990), and affirm.

On May 27, 1986, Gysels pleaded guilty to conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. § 846, and manufacturing ten pounds of methamphetamine, in violation of 21 U.S.C. § 841(a) (1). Gysels committed these offenses between August and November of 1985. On July 11, 1986, the district court sentenced Gysels to a fifteen-year term of imprisonment on the conspiracy charge and a consecutive five-year term on the manufacturing charge. The court also imposed a ten-year special parole term pursuant to 21 U.S.C. § 841.

Gysels's contention that the statute under which he was sentenced did not authorize a special parole term is meritless. Gysels relies on this court's decision in United States v. Torres, 880 F.2d 113, 114 (9th Cir. 1989), which held that 21 U.S.C. § 841(b) (1) (A) as amended on October 12, 1984, did not authorize special parole terms for large-volume narcotic drug offenses. Methamphetamine, however, is not a narcotic drug, but rather is a Schedule II controlled substance classified as a stimulant. See United States v. Jones, 852 F.2d 1235, 1237 (9th Cir. 1988); 21 C.F.R. Sec. 1308.12(d). Because Gysels pleaded guilty to offenses involving methamphetamine, he was subject to the sentencing provisions of 21 U.S.C. § 841(b) (1) (B). The version of section 841(b) (1) (B) in effect when Gysels was sentenced imposed a mandatory special parole term of at least three years. See 21 U.S.C. § 841(b) (1) (B) (1982 & Supp. III 1985). Accordingly, the ten-year special parole term was lawfully imposed on Gysels, and the district properly denied his section 2255 motion.

AFFIRMED.