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U.S. v. EIRBY

No. 07-1062.

515 F.3d 31 (2008)

UNITED STATES of America, Appellee, v. Kenneth J. EIRBY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 7, 2008.

Attorney(s) appearing for the Case

Edward S. MacColl, with whom Thompson, Bull, Furey, Bass & MacColl, LLC, PA., was on brief, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States. Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, SELYA and SILER, Senior Circuit Judges.

SELYA, Senior Circuit Judge.

Defendant-appellant Kenneth J. Eirby appeals from an order revoking his supervised release term and imposing an additional thirty-three months of immurement. He contends that the district court erred in (i) failing to recognize that the Sixth Amendment, as interpreted in a line of recent Supreme Court decisions, applies to revocation proceedings and the consequent imposition of additional prison time; (ii) mischaracterizing his underlying...

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