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U.S. v. CUNNINGHAM

No. 09-13989.

607 F.3d 1264 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. R. Scott CUNNINGHAM, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 28, 2010.

Attorney(s) appearing for the Case

Scott J. Forster (Court-Appointed), Calhoun, GA, for Cunningham.

Shanya Dingle, John Andrew Horn, Asst. U.S. Atty., John Russell Phillips, Atlanta, GA, for U.S.

Before BLACK, HULL and ANDERSON, Circuit Judges.

PER CURIAM:

R. Scott Cunningham raises two issues on appeal. Only one issue warrants our substantial consideration.1 The constitutionality of 18 U.S.C. § 3583(e)(3) is a matter of first impression in our Circuit. Other Courts of Appeals considering the issue have upheld § 3583(e)(3) as constitutional. We agree and hold § 3583(e)(3) is constitutional under the Fifth and Sixth Amendments.

I. BACKGROUND

In...

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