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UNITED STATES v. MEARNS

Nos. 79-1044 to 79-1046.

599 F.2d 1296 (1979)

UNITED STATES of America, Appellant, v. Andrew Kirkpatrick MEARNS, III, Peter John Thomas, John William Hedley, Appellees.

United States Court of Appeals, Third Circuit.

Decided June 15, 1979.

Attorney(s) appearing for the Case

James W. Garvin, Jr., U. S. Atty., John H. McDonald, Asst. U. S. Atty., District of Delaware, Wilmington, Del., for appellant.

Andrew Kirkpatrick Mearns, III, Peter John Thomas, John William Hedley, pro se.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 3, 1979.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 provides for the imposition of a special parole period in addition to imprisonment for substantive violations of the Act. The conspiracy section, however, lists only fine and imprisonment as punishment, and the district court concluded that it was not permitted to impose a special parole term...

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