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U.S. v. FORBES

No. 98-10259.

172 F.3d 675 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Suzanne FORBES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1999.

Attorney(s) appearing for the Case

Mary M. French, David M. Porter, Assistant Federal Public Defenders, Sacramento, California, for the defendant-appellant.

Benjamin B. Wagner, Assistant United States Attorney, Sacramento, California, for the plaintiff-appellee.

Before: NOONAN, TASHIMA, Circuit Judges and RESTANI, Judge.

NOONAN, Circuit Judge:

Suzanne Forbes appeals the sentence imposed following her plea of guilty to violating 18 U.S.C. § 157. Forbes was sentenced to five years of probation with a special condition of six months imprisonment. Holding that straight prison time and probation are mutually exclusive by statute, we vacate the sentence and remand.

FACTS AND PROCEEDINGS

Forbes was charged with eight...

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