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U.S. v. PADILLA

No. 03-1918.

415 F.3d 211 (2005)

UNITED STATES of America, Appellee, v. Joel PADILLA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 25, 2005.

Attorney(s) appearing for the Case

Christie M. Charles, with whom George F. Gormley and George F. Gormley, P.C. were on brief, for appellant.

John A. Drennan, Attorney, Appellate Section, Criminal Division, United States Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Virginia M. Vander Jagt, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

OPINION EN BANC

SELYA, Circuit Judge.

After a jury convicted defendant-appellant Joel Padilla on a charge of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), the district court imposed, as part of his sentence, a term of supervised release. As a condition of that term, the court ordered that Padilla submit to no fewer than three drug tests, see 18 U.S.C. § 3583(d), and delegated to the probation officer the authority to determine...

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