¶1Michael Allen Rush, Garden Grove, Cal., pro se.
¶2Bruce R. Castetter, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., San Diego, Cal., for appellee.
¶3Before GOODWIN and FERGUSON, Circuit Judges, and LUCAS,* District Judge.
¶6Michael Allen Rush pleaded guilty to conspiracy to possess a controlled substance with intent to distribute, in violation of 21 *1022U.S.C. § 846. He was sentenced to two years in prison followed by a special parole term of five years. The only issue1 on appeal is whether a special parole term may be imposed for a conviction of conspiracy to violate federal drug laws. Because of disagreement among the circuits, and the pend-ency of the issue before the Supreme Court in Bifulco v. United States, 600 F.2d 407 (2nd Cir.), cert. granted, 444 U.S. 897, 100 S.Ct. 205, 62 L.Ed.2d 133 (1979), we deferred submission of this appeal until the Supreme Court rendered its decision in Bifulco v. United States,-U.S.-, 100 S.Ct. 2247, 64 L.Ed.2d -, 27 U.S.Cr.L. 3173 (1980).
¶7The Supreme Court has resolved the question in favor of the appellant. It follows that judgment must be vacated and the cause remanded for the entry of an appropriate judgment pursuant to the decision in Bifulco v. United States, supra.
¶8Vacated and remanded.