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U.S. v. DENARD

No. 93-5574.

24 F.3d 599 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. DENARD, a/k/a Scotia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 16, 1994.

Attorney(s) appearing for the Case

ARGUED: C. Cooper Fulton, Asst. Federal Public Defender, Charleston, WV, for appellant. Michael Lee Keller, Asst. U.S. Atty., Charleston, WV, for appellee.

ON BRIEF: Hunt L. Charach, Federal Public Defender, Charleston, WV, for appellant. Charles T. Miller, U.S. Atty., Charleston, WV, for appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILLIAMS, Circuit Judge:

This appeal involves 18 U.S.C.A. § 3565(a) (West 1985 & Supp.1994), 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." In light of recent Fourth Circuit and Supreme Court precedent, decided subsequent to the filing of this appeal, we vacate the judgment...

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