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U.S. v. FERGUSON

No. 03-20365.

369 F.3d 847 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. William Allen FERGUSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 7, 2004.

Attorney(s) appearing for the Case

Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Michael L. Herman, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

PER CURIAM:

William Ferguson seeks to vacate his sentence imposed for violating a condition of his supervised release. Specifically, he asserts that his twenty-three-month term of incarceration and subsequent six-month term of home detention during supervised release combine to exceed the maximum statutory term for his violation. He further asserts that the court erroneously conditioned his supervised release on his abstention from tobacco products and over-the-counter...

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