U.S. v. LEE

No. 91-6079.

957 F.2d 770 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Dale LEE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 19, 1992.


Attorney(s) appearing for the Case

June E. Tyhurst, Asst. Federal Public Defender, Oklahoma City, Okl., for defendant-appellant.

Timothy D. Leonard, U.S. Atty., and Robert G. McCampbell, Asst. U.S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.


LOGAN, Circuit Judge.

This appeal presents the question whether the policy statements of Chapter 7 of the United States Sentencing Guidelines (U.S.S.G.) regarding supervised release are mandatory and binding or whether they are advisory statements that the court is required merely to consider at the time of sentencing. We hold that the policy statements of the U.S.S.G. must be considered by the sentencing court but that they are advisory in nature. For the reasons...

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