U.S. v. PIERCE

No. 97-1474.

132 F.3d 1207 (1997)

UNITED STATES of America, Appellee, v. Douglas Paul PIERCE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 24, 1997.


Attorney(s) appearing for the Case

Virginia Guadalupe Villa, Asst. Federal Public Defender, Minneapolis, MN, argued, for appellant.

D. Gerald Wilhelm, Asst. U.S. Attorney, Minneapolis, MN, argued, for appellee.

Before BEAM, HEANEY, and JOHN R. GIBSON, Circuit Judges.


HEANEY, Circuit Judge.

The sole issue raised on this appeal is whether the district court was correct in its assessment that it was required to sentence Douglas Paul Pierce to a prison term of fourteen months when it found that he possessed a controlled substance during his supervised release. We hold that the district court erred and remand for resentencing.

I.

In May 1995, Pierce was sentenced to a term of eighteen-months imprisonment and a three...

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