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U.S. v. CLARK

No. 93-5599.

30 F.3d 23 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Rene CLARK, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 1994.

Attorney(s) appearing for the Case

ARGUED: David J. Cortes, Asst. U.S. Atty., Raleigh, NC, for appellant. Gale Murray Adams, Asst. Federal Public Defender, Raleigh, NC, for appellee. ON BRIEF: James W. Dedrick, U.S. Atty., Raleigh, NC, for appellant.

Before RUSSELL and MICHAEL, Circuit Judges, and TURK, United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded for resentencing by published opinion. Judge MICHAEL wrote the opinion, in which Judge RUSSELL and Judge TURK joined.

OPINION

MICHAEL, Circuit Judge:

Richard R. Clark used marihuana while on supervised release. In the revocation proceeding, the district court refused to apply 18 U.S.C. § 3583(g), which would have required a sentence of at least one year in prison. The government appeals, and we vacate and remand.

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