U.S. v. Jordan

• Decision Date: 19 October 1990
• Docket Number: Nos. 89-8056,89-8213,s. 89-8056
• Citation: 915 F.2d 622
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Edison JORDAN, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 622

915 F.2d 622

UNITED STATES of America, Plaintiff-Appellee, v. Edison JORDAN, Defendant-Appellant.

Nos. 89-8056, 89-8213.

United States Court of Appeals, Eleventh Circuit.

Oct. 19, 1990.

William T. Moore, Savannah, Ga. (court-appointed), for defendant-appellant.

Arthur W. Leach, Asst. U.S. Atty., Savannah, Ga., for plaintiff-appellee.

Appeals from the United States District Court for the Southern District of Georgia.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Appellant Edison Jordan pled guilty to one count of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. Sec. 846. He was sentenced on May 11, 1988 to 70 months imprisonment, a five year term of supervised release, and a $50 special assessment. Because Jordan's crime took place after November 1, 1987, his sentence was imposed in accordance with the Sentencing Reform Act of 1984. ¹

Seven months after sentencing, Jordan filed a pro se motion, styled as a motion to correct and vacate the portion of his sentence imposing five years of supervised release. Relying upon Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), Jordan argued that his offense of conviction, 21 U.S.C. Sec. 846, did not authorize the imposition of a supervised release term. Upon review of Jordan's motion, the district court rejected Jordan's claim. ²

Two issues have been raised in this appeal. First, the question has arisen as to whether the district court possessed jurisdiction to consider the merits of Jordan's motion. Second, assuming jurisdiction was properly invoked, Jordan contends that the district court erred in not concluding that Bifulco precludes the imposition of a supervised release term for defendants convicted under 21 U.S.C. Sec. 846. ³ Because we find that the district court displayed the appropriate sensitivity to the fact that Jordan's motion challenging his sentence was filed pro se, we conclude that the district court properly assumed jurisdiction over the motion pursuant to 28 U.S.C. Sec. 2255. Additionally, we conclude as a matter of law that there is no merit to Jordan's Bifulco argument. Accordingly, we affirm the judgment of the district court.

I.

The first issue on appeal is whether the district court lacked jurisdiction to consider the motion filed by Jordan. Jordan styled his pro se motion as a "motion to correct illegal sentence" under Fed.R.Crim.P. 35(a). As Jordan concedes on appeal, this characterization of his motion in the district court was clearly incorrect. Although Rule 35(a) at one time provided that "[t]he court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence," that version of Rule 35(a) is not applicable to individuals sentenced under the Sentencing Reform Act of 1984. ⁴

That Jordan mislabeled his petition, however, is not fatal to his claim. Federal courts have long recognized that they have an obligation to look behind the label of a motion filed by a pro se inmate and determine whether the motion is, in effect, cognizable under a different remedial statutory framework. See Andrews v. United States, 373 U.S. 334, 83 S.Ct. 1236, 10 L.Ed.2d 383 (1963). In particular, federal courts have recognized that claims presented under the previous version of Rule 35(a) are also frequently cognizable under 28 U.S.C. Sec. 2255 as well. See, e.g., United States v. Zuleta-Molina, 840 F.2d 157, 158 (1st Cir.1988); United States v. Santora, 711 F.2d 41, 42 (5th Cir.1983) (collecting cases).

Thus, the proper inquiry in this case is whether the district court was correct in treating Jordan's claim as cognizable under 28 U.S.C. Sec. 2255. Having reviewed the applicable statutes and case law, we conclude that recognition of Jordan's claim is wholly consistent both with the statutory language of Sec. 2255 and with existing precedent construing Sec. 2255.

A.

In pertinent part, 28 U.S.C. Sec. 2255 provides that:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

As written, Sec. 2255 clearly provides a statutory means by which an individual under federal sentence can obtain federal habeas corpus review of the sentence imposed. As has been emphasized by the Supreme Court, Congress enacted Sec. 2255 "to provide in the sentencing court a remedy exactly commensurate with that which had previously been available by habeas corpus in the court of the district where the prisoner was confined." Hill v. United States, 368 U.S. 424, 427, 82 S.Ct. 468, 471, 7 L.Ed.2d 417 (1962). See generally United States v. Hayman, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232 (1952). Pursuant to Sec. 2255, individuals sentenced by a federal court can attack the sentence imposed by claiming one of four different grounds: "(1) that the sentence was imposed in violation of the Constitution or laws of the United States; (2) that the court was without jurisdiction to impose such sentence; (3) that the sentence was in excess of the maximum authorized by law; and (4) that the sentence is otherwise subject to collateral attack." Hill, 368 U.S. at 426-27, 82 S.Ct. at 470 (quotation omitted).

In cases arising under Sec. 2255, we have, among other claims, entertained challenges to the constitutionality of imposing a $50.00 special assessment on an indigent defendant, United States v. Cooper, 870 F.2d 586 (11th Cir.1989) (per curiam), challenges to the constitutionality of imposing special parole terms, Garcia v. United States, 769 F.2d 697, 699-98 (11th Cir.1985) (per curiam), and challenges to the imposition of unconstitutional or illegal sentences, Sullivan v. United States, 485 F.2d 1352 (5th Cir.1973). ⁵ Additionally, and even more significantly, the very type of claim being raised by Jordan in this case was presented to the Supreme Court in Bifulco pursuant to 28 U.S.C. Sec. 2255. In Bifulco, the petitioner was convicted of one count of violating 21 U.S.C. Sec. 846 and was given a sentence consisting of four years imprisonment, five years of special parole and a $1000 fine. After unsuccessfully appealing his conviction, the petitioner filed a pro se motion pursuant to 28 U.S.C. Sec. 2255, asserting that the statute under which he was convicted did not authorize imposition of a special parole term. On review of this claim, the Supreme Court agreed with the petitioner and ordered that the imposition of the special parole term be vacated.

Hence, it cannot be questioned that, at least prior to the enactment of the Sentencing Reform Act of 1984, the claim that Jordan is asserting was fully cognizable pursuant to 28 U.S.C. Sec. 2255. His claim alleges both that "the sentence was imposed in violation of the ... laws of the United States" and that "the sentence was in excess of the maximum authorized by law."

B.

It has been suggested, however, that the framework of the Sentencing Reform Act of 1984 alters the scope of Sec. 2255. According to this argument, Congress, through the enactment of the Sentencing Reform Act, established for the first time a comprehensive system of review of sentences in the appellate court. See Pub.L. No. 98-473, Sec. 213, 98 Stat. at 2011 (codified at 18 U.S.C. Sec. 3742). Since Congress has now explicitly authorized the challenging of an imposed sentence on direct appeal of a criminal conviction, there is no reason, it has been contended, to allow prisoners to present legal arguments attacking their sentences via a Sec. 2255 petition when those arguments could have been presented on direct appeal.

Such an argument, if accepted, would represent a drastic limitation on the ability of federal inmates to obtain judicial relief from an illegal sentence through federal habeas corpus. Having carefully reviewed the Sentencing Reform Act, we find no indication that Congress sought to circumscribe the ability of federal prisoners to present legal challenges pursuant to Sec. 2255. There is nothing in the Act to suggest that Congress intended such a modification of Sec. 2255. No changes were made to the language of Sec. 2255, nor is there any legislative history manifesting such Congressional intent.

This conclusion is not meant to imply that the Sentencing Reform Act of 1984 did not result in significant changes in the manner in which appellate review of federal sentences could be obtained. To determine the precise scope of these changes, however, the Sentencing Reform Act of 1984 must be reviewed in context. In other words, to assess the precise displacement effect caused by the Sentencing Reform Act, we must first review the manner in which appellate review of federal sentences could be obtained prior to implementation of the Act.

Before implementation of the Act, individuals convicted of federal offenses had three primary means by which to obtain appellate review of their criminal sentences. First, defendants convicted of offenses committed before the effective date of the Act frequently challenged their sentences on direct appeal alleging that their sentences were illegal or unconstitutional, and this court not only entertained these challenges but ordered appropriate relief when necessary. See, e.g., United States v. Alvarez-Moreno, 874 F.2d 1402, 1414 (11th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 1484, 108 L.Ed.2d 620 (1990); United States v. Lail, 814 F.2d 1529, 1529-30 (11th Cir.1987); United States v. Rosen, 764 F.2d 763, 765-67 (11th Cir.1985), cert. denied, 474 U.S. 1061, 106...