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U.S. v. HOREK

No. 97-2268.

137 F.3d 1226 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Mark A. HOREK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 1998.

Attorney(s) appearing for the Case

John V. Butcher, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), United States Attorney's Office, Albuquerque, NM, for Plaintiff-Appellee.

Before ANDERSON, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Horek appeals a nine-month sentence of imprisonment imposed upon revocation of his probation. Horek argues the sentence is illegal because the district court failed to deduct the four months he served in community confinement as a condition of probation from the maximum sentence available for his original offense. This court rejects Horek's argument that the time spent in community confinement as a condition of probation must be deducted from...

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