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U.S. v. BATTLE

No. 92-5025.

993 F.2d 49 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Deloris BATTLE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1993.

Attorney(s) appearing for the Case

Jeffrey Lee Starkweather, Chapel Hill, NC, argued, for defendant-appellant.

David J. Cortes, Asst. U.S. Atty., Raleigh, NC, argued (Margaret Person Currin, U.S. Atty., on brief), for plaintiff-appellee.

Before WILKINSON, Circuit Judge, BUTZNER, Senior Circuit Judge, and VOORHEES, Chief United States District Judge for the Western District of North Carolina, sitting by designation.

OPINION

BUTZNER, Senior Circuit Judge:

The sole issue in this appeal is whether a defendant's possession of an illegal controlled substance can be established by proof that the defendant used the drug in violation of a condition of supervised release.

Deloris Battle appeals an order of the district court revoking her five-year term of supervised release and sentencing her to 20 months of imprisonment. She maintains that the court erred in finding...

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