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U.S. v. PHOMMACHANH

No. 95-3248.

91 F.3d 1383 (1996)

UNITED STATES of America, Plaintiff-Appellee v. Fongyxmany PHOMMACHANH, aka LO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Office of Federal Public Defender, Wichita, Kansas, for Defendant-Appellant.

David M. Lind, Assistant United States Attorney (Jackie N. Williams, United States Attorney, and Lanny D. Welch, Assistant United States Attorney with him on the brief), Office of United States Attorney for the District of Kansas, Wichita, Kansas, for Plaintiff-Appellee.

Before BALDOCK, EBEL, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

In this appeal, Defendant-Appellant Fongyxmany Phommachanh challenges on jurisdictional and due process grounds the district court's order that he be deported as a condition of his term of supervised release. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and modify the district court's judgment.

I. BACKGROUND

Mr. Phommachanh is a permanent resident alien in the United States. On April 26...

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