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U.S. v. COURTNEY

No. 91-8492.

979 F.2d 45 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Dane Clark COURTNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1992.

Attorney(s) appearing for the Case

Robert A. Canonico, Waco, Tex. (Court-appointed), for defendant-appellant.

Richard L. Durbin, Jr., Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, GARWOOD, and DEMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

The district court, by order dated August 16, 1991, revoked appellant Dane Clark Courtney's six-year term of supervised release for possession of cocaine and, pursuant to 18 U.S.C. § 3583(e) & (g), required him to serve twenty-four months imprisonment, followed by three years of supervised release. He brings this appeal, challenging his sentencing and the determination that he possessed cocaine. We vacate and remand.

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