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U.S. v. MAZARKY

No. 06-13316.

499 F.3d 1246 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Blaine MAZARKY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 12, 2007.

Attorney(s) appearing for the Case

Thomas Jake Waldrop and Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Mazarky.

H. Allen Moye, SE Drug Task Force, Amy Levin Weil, U.S. Atty., Atlanta, GA, for U.S.

Before DUBINA and BLACK, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Appellant Stephen B. Mazarky ("Mazarky") appeals a sentence of twenty-eight months of supervised release imposed by the district court following its second revocation of Mazarky's term of supervised release. Mazarky challenges the length of the sentence, arguing that under 18 U.S.C. § 35831 the district court was required to reduce the new sentence by the aggregate length of imprisonment already served following his...

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