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U.S. v. DAVIES

No. 03-4075.

380 F.3d 329 (2004)

UNITED STATES of America, Plaintiff — Appellee, v. John A. DAVIES, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2004.

Attorney(s) appearing for the Case

Virginia Guadalupe Villa, Assistant Federal Public Defender, argued, Minneapolis, MN, for appellant.

Francis J. Magill, Jr., Assistant U.S. Attorney, argued, Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellee.

Before LOKEN, Chief Judge, BYE and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

John A. Davies appeals the district court's1 modification of the conditions on his term of supervised release. Less than one year into Davies's three-year term of supervised release, his probation officer sought, and the district court imposed, a new condition: participation in an alcohol abuse program and periodic testing for alcohol use. Davies challenges the modification on two grounds. First, Davies argues that...

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