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U.S. v. FOSTER

No. 89-30102.

904 F.2d 20 (1990)

UNITED STATES of America, Plaintiff/Appellee, v. Gerald Dee FOSTER, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1990.

Attorney(s) appearing for the Case

Robert E. Kinney, Orofino, Idaho, for defendant, appellant.

Maurice O. Ellsworth, U.S. Atty., and Joanne P. Rodriquez, Asst. U.S. Atty., Boise, Idaho, for plaintiff, appellee.

Before WALLACE, SKOPIL, and BRUNETTI, Circuit Judges.

SKOPIL, Circuit Judge:

We must determine in this appeal whether a defendant who is denied representation of counsel at trial may be later sentenced to a term of imprisonment following revocation of probation. We conclude in this case that imprisonment cannot be imposed. We vacate the sentence and remand.

I

Gerald Dee Foster was charged with committing petty offenses in a national forest in violation of 16 U.S.C. § 551 (1988). Such offenses may...

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