Ramos v. United States

D. Minnesota

Ramos v. United States

697 F. Supp. 1505, 1988 U.S. Dist. LEXIS 11805, 1988 WL 111639

CourtDistrict Court, D. Minnesota

DecidedAugust 23, 1988

Docket3-88 CIV 452, 3-86 CR 51(1)

StatusPublished

Cited by2 cases

This text of 697 F. Supp. 1505 (Ramos v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ramos v. United States, 697 F. Supp. 1505, 1988 U.S. Dist. LEXIS 11805, 1988 WL 111639 (mnd 1988).

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Opinion

ORDER

ALSOP, Chief Judge.

This matter comes before the court upon petitioner Ramos’ motion to vacate or alter his sentence pursuant to 28 U.S.C. § 2255.

The Controlled Substances Penalties Amendments Act of 1984 changed the penalty provisions of 21 U.S.C. § 841(b). The Act created a new subsection, 841(b)(1)(A), which enhanced the penalties for persons convicted of, among other things, violation of § 841(a) involving one kilogram or more of cocaine. This new section did not include a provision for the imposition of a special parole term.

Ramos was sentenced to, among other things, a special parole term under that act. Because Ramos’ criminal conduct involved in excess of one kilogram of cocaine, the statute in effect at that time did not authorize imposition of a special parole term. Ramos’ special parole term should be vacated. The government concedes this position.

Based on the above discussion, the record as presently constituted and all files contained herein,

IT IS ORDERED That petitioner’s special parole term as applied to Count I of his sentence be, and the same hereby is, vacated.

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