Circuit split · sentencing law
Whether § 401(c) of the Controlled Substances Act (21 U.S.C. § 841(c)) authorizes the United States Parole Commission to impose a new special parole term after it revokes the offender's original special parole
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Robles v. United States146 F3D 1098
Ninth Circuit Court of Appeals · June 23, 1998
“1 Does § 401(c) permit the United States Parole Commission to impose a second term of special parole after it revokes the original special parole? This is a question that has caused a split in the circuits.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
21 U.S.C. § 841 — Prohibited acts A
“(a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as …”Read the full section →
What the split turns on
- Statutes:
- 21 U.S.C. § 841(c)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.