United States v. Joseph J. Neary

PELL, Circuit Judge,

concurring.

I concur in the result reached in the opinion authored by Chief Judge Fairchild. Insofar, however, as that opinion is subject to being read as containing an inference that this court is expressing an opinion on the question of constitutional due process in the determination of special offender status under 18 U.S.C § 3575(b), I do not concur.

My lack of concurrence is not intended to express either agreement or disagreement with the scholarly analysis of the question of due process applicable to the determination of special offender status. It simply is that the precise issue, not briefed or argued in this court, is a complex one, intertwined as it is with the entire matter of sentencing, and from my point of view should not have been addressed at all in the present case.