United States v. Robert Bernadin

Eleventh Circuit

United States v. Robert Bernadin

931 F.2d 760, 1991 U.S. App. LEXIS 9792, 1991 WL 66361

CourtCourt of Appeals for the Eleventh Circuit

DecidedMay 16, 1991

Docket90-5241

StatusPublished

Cited by2 cases

This text of 931 F.2d 760 (United States v. Robert Bernadin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Robert Bernadin, 931 F.2d 760, 1991 U.S. App. LEXIS 9792, 1991 WL 66361 (11th Cir. 1991).

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Opinion

PER CURIAM:

Appellant Bernadin was convicted of possession of and conspiracy to distribute at least 500 grams of cocaine in violation of 21 U.S.C. §§ 841(a) and 846, and was sentenced under 21 U.S.C. § 841(b)(1)(B). Appellant’s offense was committed and he was arrested on August 7, 1987, after the Anti-Drug Abuse Act of 1986 (ADAA) was signed into law on October 27, 1986, but before November 1, 1987, the effective date of the Sentencing Reform Act of 1984. Appellant now challenges his corrected sentence as improperly imposing a term of special parole in lieu of the term of supervised release which the district court, in reliance on United States v. Smith, 840 F.2d 886 (11th Cir.), cert. denied, 488 U.S. 859, 109 S.Ct. 154, 102 L.Ed.2d 125 (1988), had previously determined to be unauthorized under the Sentencing Guidelines. We remand for resentencing in light of the Supreme Court’s recent decision in Gozlon-Peretz v. United States, — U.S. -, 111 S.Ct. 840, 112 L.Ed.2d 919 (1991), which held that the ADAA provisions mandating *761 a term of supervised release apply to all drug offenses specified in section 1002 of the ADAA, including 21 U.S.C. § 841(b)(1)(B), occurring after October 27, 1986 but before November 1, 1987.

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PER CURIAM:

Appellant Bernadin was convicted of possession of and conspiracy to distribute at least 500 grams of cocaine in violation of 21 U.S.C. §§ 841(a) and 846, and was sentenced under 21 U.S.C. § 841(b)(1)(B). Appellant’s offense was committed and he was arrested on August 7, 1987, after the Anti-Drug Abuse Act of 1986 (ADAA) was signed into law on October 27, 1986, but before November 1, 1987, the effective date of the Sentencing Reform Act of 1984. Appellant now challenges his corrected sentence as improperly imposing a term of special parole in lieu of the term of supervised release which the district court, in reliance on United States v. Smith, 840 F.2d 886 (11th Cir.), cert. denied, 488 U.S. 859, 109 S.Ct. 154, 102 L.Ed.2d 125 (1988), had previously determined to be unauthorized under the Sentencing Guidelines. We remand for resentencing in light of the Supreme Court’s recent decision in Gozlon-Peretz v. United States, — U.S. -, 111 S.Ct. 840, 112 L.Ed.2d 919 (1991), which held that the ADAA provisions mandating *761 a term of supervised release apply to all drug offenses specified in section 1002 of the ADAA, including 21 U.S.C. § 841(b)(1)(B), occurring after October 27, 1986 but before November 1, 1987.

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931 F.2d 760, 1991 U.S. App. LEXIS 9792, 1991 WL 66361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-bernadin-ca11-1991.

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