United States of America, Plaintiff-appellee, v. James T. Morris, Defendant-appellant, 940 F.2d 653 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 940 F.2d 653 (4th Cir. 1991) Submitted Oct. 29, 1990. Decided July 29, 1991

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden, II, Chief District Judge. (CR-89-81)

James T. Morris, appellant pro se.

Hunter P. Smith, Jr., Assistant United States Attorney, Charleston, W.Va., for appellee.

S.D.W. Va.


Before K.K. HALL, WILKINSON and NIEMEYER, Circuit Judges.



James T. Morris appeals from the district court's order denying his motion to correct an illegal sentence under Fed. R. Crim. P. 35(a) (as applicable to offenses committed prior to November 1, 1987). He claims that the imposition of a special parole term for a violation of 21 U.S.C. § 841(a) (1), committed after October 27, 1986, was illegal. A recent decision of the United States Supreme Court, rendered after the district court's order in this case, held that supervised release, rather than special parole, is the appropriate post-confinement supervision for drug offenses committed in the period between October 27, 1986 and November 1, 1987. Gozlon-Peretz v. United States, 59 U.S.L.W. 4107, 4111 (U.S.1991).

Accordingly, we vacate the district court's order denying Rule 35 relief, vacate the special parole term, and remand to the district court for imposition of a term of supervised release pursuant to 21 U.S.C. § 841(b). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.