OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal involves three issues: 1) were the defendant's due process rights violated when an independent lab destroyed urine samples which indicated his cocaine use; 2) can a higher sentence be imposed when probation is revoked than the sentence which could have been imposed originally; and 3) was the district court required to give notice of an upward departure prior to the resentencing hearing. We reject the...
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