U.S. v. SIMMONS

No. 97-1763.

130 F.3d 1223 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl SIMMONS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Amy St. Eve, Barry Rand Elden (argued), Office of the U.S. Atty. Criminal Appellate Div., Chicago, IL, for Plaintiff-Appellee.

James A. Graham (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and RIPPLE and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

Does a district judge abuse her discretion when she orders, as a condition of supervised release, that a defendant submit to drug testing and treatment at the discretion of a probation officer when the defendant was convicted 7 years earlier in an unrelated case for distributing cocaine, violated supervised release 2 years ago in the earlier case by testing positive for ingesting cocaine, and in the present case, although it only involved...

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