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U.S. v. TAPIA-ESCALERA

No. 03-1028.

356 F.3d 181 (2004)

UNITED STATES of America, Appellee, v. JOSÉ D. TAPIA-ESCALERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Gabriel Hernández-Rivera, by appointment of the court, for appellant.

Germán A. Rieckehoff, Assistant United States Attorney, with whom H.S. García, United States Attorney, and Sonia I. Torres-Pabón, Assistant United States Attorney, Chief, Criminal Division, were on brief, for appellee.

Before BOUDIN, Chief Judge, LOURIE and LYNCH, Circuit Judges.

BOUDIN, Chief Judge.

In 1995, José Tapia-Escalera pled guilty to possessing a kilogram of cocaine with intent to distribute. 21 U.S.C. § 841 (2000). He was sentenced to five years of imprisonment followed by five years of supervised release. Tapia was released after his term of imprisonment but in January 2000, he violated the terms of his supervised release and, after a revocation hearing, was sentenced to ten months in prison for the violation and four...

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