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U.S. v. ROCKWELL

No. 92-6121.

984 F.2d 1112 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Tyrone ROCKWELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 29, 1993.

Attorney(s) appearing for the Case

William P. Earley, Asst. Federal Public Defender, Oklahoma City, OK, for defendant-appellant.

Teresa Black, Asst. U.S. Atty. (Timothy D. Leonard, U.S. Atty., with her on the briefs), Oklahoma City, OK, for plaintiff-appellee.

Before ANDERSON and EBEL, Circuit Judges, and LUNGSTRUM, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Timothy Tyrone Rockwell's supervised release was revoked for possession of an unprescribed controlled substance. He appeals the district court's ensuing order for incarceration and further supervised release. The questions which we must decide are: (a) whether the presence of a controlled substance in the body of a person on supervised release constitutes "possession" of that substance for the purposes of 18 U.S.C. § 3583(g...

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