Alvaro Rafael Marquez-Bolano v. United States

991 F.2d 786, 1993 WL 120259

• Court: Court of Appeals for the First Circuit
• Decided: April 13, 1993
• Docket: 92-2278
• Status: Unpublished

Opinion

991 F.2d 786

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.
Alvaro Rafael MARQUEZ-BOLANO, Petitioner, Appellant,
v.
UNITED STATES of America, Respondent, Appellee.

No. 92-2278.

United States Court of Appeals,
First Circuit.

April 13, 1993

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Alvaro Rafael Marquez-Bolano on brief pro se.

Daniel F. Lopez Romo, United States Attorney, Ivan Dominquez, Assistant United States Attorney, and Jose A. Quiles-Espinosa, Senior Litigation Counsel, on brief for appellee.

D.Puerto Rico

AFFIRMED.

Before Breyer, Chief Judge, Torruella and Cyr, Circuit Judges.

Per Curiam.

Contrary to appellant's contention, the supervised release provision of the Anti-Drug Abuse Act of 1986 (ADAA), Pub. L. No. 99-570, 100 Stat. 3207, became effective on the date of the ADAA's enactment, i.e., October 27, 1986. Gozlon-Peretz v. United States, 498 U.S. 395 (1991). The no-parole provisions of the ADAA became effective on that date, as well. United States v. De Los Santos-Himitola, 924 F.2d 380, 381 (1st Cir. 1991). And, although Gozlon-Peretz involved 21 U.S.C. § 841 (controlled substances), we have held that its rationale applies equally to the parallel provisions in 21 U.S.C. § 960 (controlled substance on board vessel subject to jurisdiction of United States). Padilla Palacios v. United States, 932 F.2d 31, 33-34 (1st Cir. 1991). The appellant is not eligible for parole and his sentence, which included a 5 year term of supervised release, was lawful.

The judgment of the district court, dated September 23, 1992, and the amended judgment, dated October 1, 1992, are affirmed.