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U.S. v. SWAN

No. 01-1598.

275 F.3d 272 (2002)

UNITED STATES of America, v. Eric L. SWAN, Appellant.

United States Court of Appeals, Third Circuit.

January 2, 2002.

Attorney(s) appearing for the Case

Karen S. Gerlach, [Argued], Office of Federal Public Defender, Pittsburgh, PA, Counsel for Appellant Eric L. Swan.

Bonnie R. Schlueter, James H. Love, [Argued], Office of United States Attorney, PA, Counsel for Appellee United States of America.

Before: SCIRICA, RENDELL, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Defendant, Eric Lish Swan, appeals his sentence for an offense committed while on supervised release. The District Court believed that the Sentencing Guidelines mandated that it be served consecutively to the previously imposed sentence for violation of supervised release. The main issue on appeal is whether § 5G1.3(c) of the Sentencing Guidelines and the accompanying Application Note 6 required the District...

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