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U.S. v. BRIGHAM

No. 08-10315.

569 F.3d 220 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David Russell BRIGHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 20, 2009.

Attorney(s) appearing for the Case

Steven M. Sucsy, Asst. U.S. Atty. (argued), Lubbock, TX, for U.S.

Stephen Lyle Hamilton (argued), (Court-Appointed), Boatwright & Hamilton, Lubbock, TX, for Brigham.

Before SMITH and SOUTHWICK, Circuit Judges, and ENGELHARDT, District Judge.

ENGELHARDT, District Judge:

Upon release from prison in 2007, Defendant-Appellant David Russell Brigham ("Brigham") commenced a term of supervised release. On March 7, 2008, the United States Probation Office filed a petition alleging his violation of various supervised release conditions. On March 24, 2008, following Brigham's subsequent arrest and initial appearance, the magistrate judge found that no probable cause existed to believe that a violation warranting...

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