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Criminal Law: Sentencing-Revocation Sentence-Failed Drug Test

Staff Report//November 12, 2019//

Criminal Law: Sentencing-Revocation Sentence-Failed Drug Test

Staff Report//November 12, 2019//

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Where a defendant challenged the substantive reasonableness of his sentence following the revocation of supervised release, the district court did not abuse its discretion in imposing an above-guidelines sentence, and the court properly justified the sentence with reference to the defendant’s failed drug tests, lies to his probation officer and sweat-patch tampering.

Judgment is affirmed.

U.S. v. Harper (MLW No. 74085/Case No. 18-3079 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa.


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