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U.S. v. AGARD

No. 212, Docket 95-1104.

77 F.3d 22 (1996)

UNITED STATES of America, Appellee, v. Gerard AGARD, Defendant, Leslie Evans, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 15, 1996.

Attorney(s) appearing for the Case

Jeremy F. Orden, New York City, for Defendant-Appellant.

Eric Rothstein, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY (Zachary W. Carter, United States Attorney, Emily Berger, Susan Corkery, Assistant United States Attorneys, Eastern District of New York, Brooklyn, NY, of Counsel), for Appellee.

Before: KEARSE, WALKER and CALABRESI, Circuit Judges.

WALKER, Circuit Judge:

Defendant-Appellant Leslie Evans appeals from a judgment of conviction of violation of probation before the United States District Court for the Eastern District of New York (Raymond J. Dearie, District Judge). On appeal, Evans argues that he could not be convicted of, and sentenced for, violation of probation on the ground that he was never lawfully on probation because he was not present in court at the time the district judge sentenced him...

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