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U.S. v. OSSA-GALLEGOS

No. 05-5824.

491 F.3d 537 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Alberto OSSA-GALLEGOS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2007.

Attorney(s) appearing for the Case

ARGUED: Ronald C. Small, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Byron M. Jones, United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Ronald C. Small, Jennifer N. Coffin, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Byron M. Jones, United States Attorney, Nashville, Tennessee, for Appellee.

Before: BOGGS, Chief Judge; MARTIN, BATCHELDER, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

We reheard this case en banc to resolve the narrow question of whether the practice of tolling a period of supervised release for a deported offender is authorized by the sentencing statutes. Defendant-Appellant Carlos Alberto Ossa-Gallegos ("Ossa-Gallegos") appealed his sentence arguing, inter alia, that the district court did not have the authority to toll the period of supervised release while he was outside...

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