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UNITED STATES v. KUCK

No. 77-1569.

573 F.2d 25 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. David S. KUCK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 30, 1978.

Rehearing Denied April 29, 1978.

Attorney(s) appearing for the Case

Edward W. Nottingham, Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Scott H. Robinson, Denver, Colo. (Walter L. Gerash, P. C., Denver, Colo., with him on the brief), for defendant-appellant.

Before BARRETT, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue in this appeal is whether the special parole term provided in 21 U.S.C. § 841(b) violates the United States Constitution. On a Rule 35, F.R.Crim.P., motion for vacation of sentence, the district court upheld the special parole provision and this appeal followed.

The jury found defendant-appellant Kuck guilty of charges relating to the manufacture, distribution, and possession of amphetamines and methamphetamines...

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