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United States of America v. David Cashius Rhone

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Submitted: April 15, 2011

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

The district court*fn1 revoked David Rhone’s term of supervised release after finding that he violated the following four conditions of his supervised release: (1) that he submit to drug testing; (2) that he not possess a firearm, ammunition, destructive device, or any other dangerous weapon; (3) that he not possess a controlled substance; and (4) that he not associate with persons engaged in criminal activity. The court sentenced him to 11 months’ imprisonment, to be followed by 24 months of supervised release. Rhone appeals, arguing that the government failed to prove the three most serious violations, and that the court did not purport to revoke his release based solely on a failure to comply with drug testing. We affirm.

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