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James G. Morgan, Appellant v. United States, Appellee.

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Argued October 28, 2010

Before OBERLY, Associate Judge, RUIZ, Associate Judge, Retired,*fn1 and FARRELL, Senior Judge.

While on probation for a manslaughter conviction, appellant was arrested, charged with and prosecuted for possession of marijuana with intent to distribute.*fn2 He was subsequently acquitted after a criminal trial in Superior Court; however, following a show-cause hearing, the trial court revoked his probation based on the same offense. Appellant contends that his due process rights were violated because, at the show-cause hearing, the government’s case was inconsistent with the one it presented at the criminal trial in which he was acquitted. We conclude that appellant’s due process rights were not violated, and affirm the trial court’s revocation of appellant’s probation and ordered execution of the previously imposed sentence.

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