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U.S. v. CATES

No. 09-3181.

613 F.3d 856 (2010)

UNITED STATES of America, Appellee, v. Gary John CATES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2010.

Attorney(s) appearing for the Case

Mark C. Meyer, Cedar Rapids, IA, for appellant.

Robert L. Teig, AUSA, Cedar Rapids, IA, for appellee.

Before RILEY, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

RILEY, Chief Judge.

While on supervised release for drug and firearms charges, Gary John Cates tested positive on three separate occasions for marijuana use. The district court1 revoked Cates's supervised release and sentenced him to 11 months imprisonment and 3 years supervised release. Cates appeals his revocation sentence, and we affirm.

I. BACKGROUND

In August 1997, Cates pled guilty to (1) being a felon in possession...

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