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U.S. v. HARVEY

No. 11-50268.

659 F.3d 1272 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Roshaja Lamont HARVEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2011.

Attorney(s) appearing for the Case

Jason I. Ser , Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Sara J. O'Connell , Assistant U.S. Attorney, Office of the United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

OPINION

FERNANDEZ, Circuit Judge:

Roshaja Harvey appeals from the district court's order finding him in violation of his conditions of supervised release based upon his use of marijuana. He asserts that because he had a recommendation from a physician to use marijuana in California pursuant to the California Compassionate Use Act of 1996,1 he did not violate the possession prohibition2 of the Federal...

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