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United States v. Oquendo-Rivera

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Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

Kelmit Oquendo-Rivera (“Oquendo”) seeks review of a district court decision revoking supervised release and sentencing him to a further term in prison. The circumstances are unusual and we conclude that further proceedings are required.

The pertinent background is as follows. In 2000, Oquendo pled guilty to possessing cocaine base with intent to distribute and was sentenced to 78 months in prison and five years of supervised release. He left prison in October 2004 and began serving his supervised release term. In the following three and a half years, it appears that Oquendo attended technical school refrigeration courses and ran a car detailing business. During this period, he was tested for drug use and never tested positive.

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