U.S. v. HAMMONDS

No. 03-7081.

370 F.3d 1032 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Tilman Eugene HAMMONDS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 4, 2004.


Attorney(s) appearing for the Case

Roger Hilfiger, Muskogee, OK, for Defendant-Appellant.

D. Michael Littlefield, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.

Before BRISCOE, ANDERSON, and LUCERO, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

The issue before us in this case is whether the district court erred in revoking the defendant-appellant's term of supervised release under 18 U.S.C. § 3583(g)(1), which mandates revocation for "possession" of a controlled substance, based on a single positive urinalysis result. For the reasons set forth below, we affirm the district court's revocation order.

BACKGROUND

On March 23, 1999, Tilman Eugene Hammonds...

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