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U.S. v. FERGUSON

No. 13-4396.

752 F.3d 613 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jori Shamir FERGUSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 21, 2014.

Attorney(s) appearing for the Case

ARGUED: Nia Ayanna Vidal , Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Michael Calvin Moore , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Senior Judge DAVIS joined. Senior Judge DAVIS wrote a separate concurring opinion. Judge KEENAN wrote a dissenting opinion.

GREGORY, Circuit Judge:

This is an appeal from a district court judgment revoking Jori Ferguson's supervised release. The district court found that Mr. Ferguson had violated the terms of his supervised release by, among other things, possessing marijuana. The district court's finding relied in part on a laboratory report prepared by a forensic examiner who did not testify at the hearing. We hold that the district court erred by denying Mr. Ferguson a chance to cross...

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