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CATES v. UNITED STATES

No. 78-3664.

626 F.2d 399 (1980)

Albert Irvin CATES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 24, 1980.

Attorney(s) appearing for the Case

Albert Irvin Cates, pro se.

LeRoy M. Jahn, Asst. U.S. Atty., San Antonio, Tex., for respondent-appellee.

Before CLARK, GEE and HILL, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Albert Cates pled guilty to conspiracy to import marijuana, and the trial court sentenced him to two years imprisonment to be followed by a three-year special parole term. Subsequently, Cates appealed to this court to vacate his special parole sentence.

Under 21 U.S.C. § 960(b)(2), one who commits the substantive offense of importing ...

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