United States v. Bernard Ulano

U.S. Court of Appeals for the Ninth Circuit
United States v. Bernard Ulano, 625 F.2d 1383 (9th Cir. 1980)
1980 U.S. App. LEXIS 14567

United States v. Bernard Ulano

Opinion

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 motion of Ulano 1 for recall of the mandate is granted. The petition for rehearing is granted. The case is remanded to the district court 2 with directions that *1384 the special parole term of Ulano’s sentence be vacated. In all other respects, our opinion filed March 10, 1980, remains unchanged.

1

. Appellant’s substitution of attorneys is approved.

2

. District Judge Leo Brewster of the Northern District of Texas, sitting by designation, to *1384 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Bernard ULANO, Defendant-Appellant
Cited By
3 cases
Status
Published