United States v. Davi, 80 CR 75 (ERN).
Decision Date | 18 July 1984 |
Docket Number | No. 80 CR 75 (ERN).,80 CR 75 (ERN). |
Citation | 588 F. Supp. 91 |
Parties | UNITED STATES of America v. Charles DAVI, Defendant. |
Court | U.S. District Court — Eastern District of New York |
Charles Davi, pro se.
Defendant, a Federal prisoner convicted in this Court, has filed a motion to correct a claimed illegal sentence as provided by Rule 35(a), Fed.R.Crim.P. His previous motion seeking a reduction of sentence was denied on September 2, 1983.
United States v. Tebha, 578 F.Supp. 1398, 1400 (N.D.Calif.1984) (emphasis in original).
Contrary to defendant's contention, this Court finds that Congress made specific provision for further punishment in the event of violation of a special parole term. Section 841(c) clearly provides that if a special parole term imposed under § 841 is violated, it may be revoked and the defendant's term of imprisonment increased "by the period of the special parole term and the resulting term of imprisonment shall not be diminished by the time which was spent on parole." (Emphasis by the Court.) Thus it is clear, contrary to the holding in Tebha, that Congress did provide a specific sanction for violation of a special parole term.
Accordingly, defendant's motion is in all respects denied.
SO ORDERED.
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