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U.S. v. GROSS

No. 01-50033.

307 F.3d 1043 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard GROSS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2002.

Attorney(s) appearing for the Case

David A. Katz, Katz & Associates, Beverly Hills, CA, for the defendant-appellant.

John S. Gordon, United States Attorney, Kendra S. McNally, Assistant United States Attorney and Sandra R. Klein, Special Assistant, United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before THOMPSON, Senior Circuit Judge, RAWLINSON, Circuit Judge, and SCHWARZER, Senior District Judge.

OPINION

SCHWARZER, Senior District Judge.

Bernard Gross appeals the district court's order granting in part and denying in part his motion to modify the conditions of his supervised release. Two questions are presented: (1) whether a district court has the statutory authority under 18 U.S.C. § 3583(e) to modify conditions of a defendant's supervised release based on a claim of illegality; and (2) whether a district

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