United States v. Bedell

Summary

The Third Circuit held that for offenses under 21 U.S.C. § 841(b)(1)(B) committed after October 27, 1986, the Anti-Drug Abuse Act of 1986 replaced special parole with supervised release, even though the Sentencing Reform Act's effective date was November 1, 1987. The court affirmed a sentence of supervised release, rejecting the argument that only special parole was available. This decision aligns with the reasoning in the companion case *United States v. Gozlon-Peretz* and with rulings from the Fourth, Fifth, and Eleventh Circuits.

Holdings

1. Supervised release was the proper sentence because the correct reading of the Anti-Drug Abuse Act of 1986 is that supervised release replaced special parole in all sections of 21 U.S.C. § 841(b)(1) as of the date of the ADAA's enactment, October 27, 1986.

Questions Presented

1. Whether the district court had authority to impose a term of supervised release for a sentence imposed under 21 U.S.C. § 841(b)(1)(B) for an offense committed after October 27, 1986, but before November 1, 1987.

Disposition

affirmed