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UNITED STATES v. HENDERSON

No. 19-30209.

998 F.3d 1071 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Lawrence HENDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2021.

Attorney(s) appearing for the Case

David F. Ness (argued), Assistant Federal Defender; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Great Falls, Montana; for Defendant-Appellant.

Kalah A. Paisley (argued), Assistant United States Attorney; Kurt G. Alme , United States Attorney; United States Attorney's Office, Great Falls, Montana; for Plaintiff-Appellee.

Dissent by Judge Rakoff

OPINION

Patrick Lawrence Henderson appeals his fifteen-month sentence for violating the terms of his supervised release, arguing that it violates his Fifth and Sixth Amendment rights because it extends his incarceration beyond the maximum term of imprisonment for his underlying conviction, without findings of fact...

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