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U.S. v. KLIMEK

Docket No. 04-2549-CR.

411 F.3d 50 (2005)

UNITED STATES of America, Appellee, v. Frank KLIMEK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 8, 2005.

Attorney(s) appearing for the Case

David A. Lewis, The Legal Aid Society, New York, N.Y. for Defendant-Appellant.

Jonathan B. New, Assistant United States Attorney (Peter G. Neiman, Assistant United States Attorney, of counsel; David N. Kelley, United States Attorney for the Southern District of New York, on the brief), United States Attorney's Office for the Southern District of New York, New York, N.Y. for Appellee.

Before: MESKILL, NEWMAN, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

Defendant Frank Klimek appeals from a judgment entered on April 9, 2004 in the United States District Court for the Southern District of New York (Colleen McMahon, Judge), following revocation of his supervised release. After conducting an evidentiary hearing, the District Court found that defendant violated his supervised release conditions by ingesting cocaine. Defendant argues that two statutory provisions — 18...

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