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U.S. v. SMITH

No. 91-3591.

972 F.2d 960 (1992)

UNITED STATES of America, Appellee, v. Jesse SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1992.

Attorney(s) appearing for the Case

David W. Harlan, St. Louis, Mo., argued (David W. Harlan and Tod J. O'Donoghue, on the brief), for appellant.

Mary Jane Lyle, St. Louis, Mo., argued (Stephen B. Higgins, and Daniel M. Berger, on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

HEANEY, Senior Circuit Judge.

Jesse Smith pled guilty to a charge of attempting to possess heroin with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced him to fifty-one months imprisonment followed by a three-year term of supervised release. Smith now argues that the district court improperly imposed a special condition on his release. We agree, and remand this case for resentencing with respect to the...

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