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U.S. v. ALLI

No. 90-5482.

929 F.2d 995 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Hassan Mohammed ALLI, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1991.

As Amended May 6, 1991.

Attorney(s) appearing for the Case

James B. Craven, III, Durham, N.C., for defendant-appellant.

Benjamin H. White, Jr., Asst. U.S. Atty., argued, Greensboro, N.C. (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on the brief), for plaintiff-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

This appeal presents the question of whether upon revocation of probation and resentencing a defendant may be sentenced to a term of active prison confinement in excess of the guideline range applicable to the defendant at the time of his initial sentencing. We find that on the present facts he may not be, and we vacate the sentence and remand for resentencing.

I

On August 24, 1989, appellant Alli was sentenced to a term of...

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