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U.S. v. STEPHENS

No. 04-50170.

424 F.3d 876 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio D. STEPHENS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2005.

Attorney(s) appearing for the Case

Alice Fontier, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant Antonio Damon Stephens.

Carol C. Lam, United States Attorney, Roger W. Haines, Jr., Assistant United States Attorney, Chief Appellate Section Criminal Division, Carol M. Lee, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee United States of America.

Before: REINHARDT and CLIFTON, Circuit Judges, and WEINER, District Judge.

WEINER, Senior District Judge.

I.

Antonio Damon Stephens appeals the sentence imposed by the district court upon the revocation of his supervised release. Stephens was on supervised release as part of his sentence following the entry of a guilty plea to importation of marijuana. The issue we confront in this appeal is whether the district court improperly delegated its authority to determine the number, frequency, timing, and manner of substance abuse testing...

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