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U.S. v. CORPUZ

No. 91-10132.

953 F.2d 526 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CORPUZ, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Donna M. Gray, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Lawrence L. Tong, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before ALDISERT, GOODWIN and NOONAN, Circuit Judges.

ALDISERT, Circuit Judge:

This case of statutory construction requires us to interpret a provision of 18 U.S.C. § 3565(a), which provides that when a probationer is found in possession of a controlled substance, "the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence." We must decide whether the term "original sentence" means only the period of incarceration that could have been originally...

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