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U.S. v. GARCIA

No. 95-50607.

112 F.3d 395 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Hernandez GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1997.

Attorney(s) appearing for the Case

Lisa J. Damiani, McKenna & Cuneo, San Diego, California, for defendant-appellant.

Michael E. Lasater, Assistant United States Attorney, Appellate Section, San Diego, California, for plaintiff-appellee.

Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, District Judge.

LEAVY, Circuit Judge:

In this case we must resolve an apparent tension among a Sentencing Guideline provision and two criminal statutes. One statute establishes a minimum period of supervised release that is identical to the maximum term of supervised release set by the other statute. We have jurisdiction under 18 U.S.C. § 3742(a), and we affirm the sentence imposed.

FACTS AND PRIOR PROCEEDINGS

On November 21, 1990, a federal grand jury returned...

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