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U.S. v. WHITLOCK

No. 10-30124.

639 F.3d 935 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey WHITLOCK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2011.

Attorney(s) appearing for the Case

Dennis M. Charney , Charney & Associates, PLLC, Eagle, ID, for the defendant-appellant.

Aaron N. Lucoff , Assistant United States Attorney, Boise, ID, for the plaintiff-appellee.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

OPINION

FISHER, Circuit Judge:

We held in United States v. Leonard, 483 F.3d 635, 638-39 (9th Cir.2007), that "sentencing procedures for probation and supervised release violations are primarily governed by Rule 32.1 of the Federal Rules of Criminal Procedure, not Rule 32." (Emphasis added.) This case presents a situation where Rule 32.1 does not speak to the particular question at issue—whether probation...

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