U.S. v. REIDER

No. 96-2022.

103 F.3d 99 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Charles REIDER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 31, 1996.


Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

James Martin, Assistant United States Attorney (John J. Kelly, United States Attorney, Robert D. Kimball, Assistant United States Attorney, on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before ANDERSON, Circuit Judge, and McWILLIAMS and WEIS, Senior Circuit Judges.


WEIS, Senior Circuit Judge.

The issue in this case is when the defendant's term of supervised release began. We conclude that the critical day is the one on which defendant was released on regular parole and, in the circumstances here, that he did not violate supervised release as adjudged by the district court.

After pleading guilty to illegal drug offenses committed during October 1987, defendant was sentenced on January 17, 1989 to five years of incarceration...

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