MEMORANDUM OPINION AND ORDER
WILLIAM T. HART, UNITED STATES DISTRICT JUDGE
Cynthia Allen and Sabra Diogioes conditionally pleaded guilty to knowingly and intentionally possessing 43 kilograms of a mixture containing cocaine, with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The underlying offense occurred on September 15, 1987. Each defendant was sentenced to ten years' incarceration to be followed by five years' mandatory supervised release. See 21 U.S.C. § 841(b)(1)(A) (1987). On appeal, defendants raised the issue of the propriety of the search that occurred when they arrived at Chicago's Union Station. On February 24, 1989, the Seventh Circuit affirmed both convictions by unpublished order. United States v. Allen, 870 F.2d 659 (7th Cir. 1989).
On November 2, 1989, Allen submitted a pro se motion to correct an illegal sentence pursuant to Fed R.Crim.P. 35(a). Since the offense occurred prior to November 1, 1987, the former version of that rule applies which allows the present type of motion to be raised at any time. Moreover, where there is an illegal sentence, the court is obliged to correct the sentence sua sponte. Lee v. United States, 400 F.2d 185, 188 (9th Cir. 1968). If Allen's sentence were to be modified, the ruling would also be applied to the sentence imposed on Diogioes even though she did not bring any motion.
Allen's motion complains that she could not be subjected to a term of supervised release since her offense occurred at a time that 21 U.S.C. § 841(b)(1)(A) did not provide for such a sentence. The government argues that a term of supervised release is appropriate, but, if not, then defendants should be sentenced to a term of special parole. For the reasons stated below, it is held that a term of supervised release was proper.
Prior to 1984, 21 U.S.C. § 841(b) provided for fines and/or incarceration, and also for the imposition of a mandatory special parole term in conjunction with prison sentences imposed as a result of cocaine charges. See Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. No. 91-513, § 401(b), 84 Stat. 1236. On October 12, 1984, § 841 was amended by the Comprehensive Crime Control Act of 1984 ("CCCA"), Pub. L. No. 98-473, § 502, 98 Stat. 1837. Section 841(b)(1)(A) applied to large-scale transactions, including those involving one kilogram or more of cocaine. Section 841(b)(1)(B) applied to smaller-scale transactions, including those involving less than one kilogram of cocaine. Section 841(b)(1)(A) provided for longer prison terms than § 841(b)(1)(B), but no mandatory special parole term. Section 841(b)(1)(B) contained a provision for mandatory special parole. Pursuant to § 224 of the CCCA, the provision regarding mandatory special parole was to be deleted on November 1, 1986, the effective date of the Sentencing Reform Act of 1984. In 1985, however, the effective date of the Sentencing Reform Act was postponed to November 1, 1987. See Sentencing Reform Amendments Act of 1985, Pub.L. No. 99-217, § 4, 99 Stat. 1728.
Section 841 was again amended in 1986. The Anti-Drug Abuse Act of 1986 ("ADAA"), Pub.L. No. 99-570, 100 Stat. 3207, was signed into law on October 27, 1986. Subtitle A of Title I, §§ 1001-09, of the ADAA
contains the amendments to § 841. Section 1002 of the ADAA contains new versions of §§ 841(b)(1)(A) & (B). Both subsections provided for mandatory supervised release, a new form of supervision which was defined by the Sentencing Reform Act, an act that did not go into effect until November 1, 1987.
It must again be emphasized that subsection (A) replaced a former version that did not provide for special parole, whereas subsection (B) replaced a former version that had provided for special parole. Section 1004 of the ADAA provided as follows:
(a) The Controlled Substances Act and the Controlled Substances Import and Export Act are amended by striking out "special parole term" each place it appears and inserting "term of supervised release" in lieu thereof.
(b) The amendments made by this section shall take effect on the date of the taking effect of section 3583 of title 18, United States Code.