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U.S. v. SULLIVAN

No. 06-30546.

504 F.3d 969 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Edward SULLIVAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2007.

Attorney(s) appearing for the Case

David F. Ness, Assistant Federal Public Defender, and Anthony R. Gallagher, Chief Federal Defender, Billings, MT, for the defendant-appellant.

Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Before: ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and ANDREW J. GUILFORD, District Judge.

GUILFORD, District Judge:

We consider whether Defendant-Appellant Dennis Edward Sullivan ("Sullivan") was under federal supervised release when he failed a drug test, thus violating his supervised release terms. This determination turns on whether Sullivan's detention in a Montana community pre-release center ("Pre-Release Center") was an "imprisonment" under 18 U.S.C. § 3624(e) ("§ 3624(e)"). We conclude that it was not an imprisonment, and the district...

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