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MOORE v. UNITED STATES

Civ. No. 74-1900.

402 F.Supp. 1244 (1975)

Leroy MOORE, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. New Jersey.

October 31, 1975.

Attorney(s) appearing for the Case

Sodowick, Richmond & Crecca, Newark, N.J., for petitioner.

Stanley W. Kallmann, Asst. U.S. Atty. (Jonathan L. Goldstein, U.S. Atty., Newark, N.J.), for respondent.

OPINION

BIUNNO, District Judge.

Moore attacks his conviction on a plea of guilty on a drug charge on two major grounds. One is that when his plea was accepted, he was not aware of the statutory requirement for a term of mandatory special parole to follow any custodial sentence imposed. 21 U.S.C. § 841(b). The other is that this provision for mandatory special parole is unconstitutional. The proceeding is...

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