Bifulco v. United States

In Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), the defendant was convicted of violations of 21 U.S.C. 841(a)(1) and 846, and was sentenced pursuant to 21 U.S.C. 841(b)(1)(B), which requires that "(a)ny sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment ...." The question presented to the Supreme Court in Bifulco was "whether 406 (21 U.S.C. 846), which states the penalty for conspiracy as "imprisonment or fine or both,' but limits maximum punishment by reference to the penalty provisions of the substantive target offense, authorizes the imposition of a special parole term where that sanction is included within the penalty provisions of the target offense." 447 U.S. at 385, 100 S.Ct. at 2251. The Court answered in the negative.