UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT BERNADIN, DEFENDANT-APPELLANT

11th Cir. | 1991-05-16
No. 90-5241
Before KRAVITCH, CLARK and EDMONDSON, Circuit Judges.
931 F.2d 760 Court of Appeals for the Eleventh Circuit (1991) Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellant Bernadin was convicted of possession of and conspiracy to distribute at least 500 grams of cocaine in violation of 21 U.S.C. §§ 841(a) and 846, and was sentenced under 21 U.S.C. § 841(b)(1)(B). Appellant’s offense was committed and he was arrested on August 7, 1987, after the Anti-Drug Abuse Act of 1986 (ADAA) was signed into law on October 27, 1986, but before November 1, 1987, the effective date of the Sentencing Reform Act of 1984. Appellant now challenges his corrected sentence as improperly imposing a term of special parole in lieu of the term of supervised release which the district court, in reliance on United States v. Smith, 840 F. 2d 886 (11th Cir.), cert. denied, 488 U.S. 859, 109 S.Ct. 154, 102 L.Ed.2d 125 (1988), had previously determined to be unauthorized under the Sentencing Guidelines. We remand for resentencing in light of the Supreme Court’s recent decision in Gozlon-Peretz v. United States, — U.S. -, 111 S.Ct. 840, 112 L.Ed.2d 919 (1991), which held that the ADAA provisions mandating a term of supervised release apply to all drug offenses specified in section 1002 of the ADAA, including 21 U.S.C. § 841(b)(1)(B), occurring after October 27, 1986 but before November 1, 1987.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • United States v. Giltner, 972 F.2d 1563 (11th Cir. 1992)
    …02 that were committed on October 27, 1986. Id. See, e.g., Rodriguera v. United States, 954 F. 2d 1465, 1467 (9th Cir.1992) (supervised release requirement specified by section 1002 became effective on October 27, 1986); United States v. Bernadin, 931 F. 2d 760 (11th Cir.1991) (same). Section 1302 is a parallel provision to section 1002 and similarly does not contain an effective date; therefore, the reasoning applied by the Supreme Court in Gozlon-Peretz to section 1002, is also applicable to section 130…
  • Reynaldo Sosa-Valdespino v. United States, 963 F.2d 347 (11th Cir. 1992)
    …, this court held that the effective date of § 1002 was tied to the November 1, 1987 effective date of the supervised release provisions of the Sentencing Reform Act of 1984. Gozlon-Peretz implicitly overruled Smith. See United States v. Bernadin, 931 F. 2d 760 (11th Cir.1991).…

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