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U.S. v. POWELL

No. 00-2440.

269 F.3d 175 (2001)

UNITED STATES of America, v. Allen POWELL, a/k/a Keith Bates Allen Powell, Appellant.

United States Court of Appeals, Third Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Esq. Chief Federal Defender, David L. McColgin, Esq. (Argued), Elaine DeMasse, Esq. Assistant Federal Defender, Supervising Appellate Attorney, Federal Court Division, Defender Association of Philadelphia, Suite 540 West — The Curtis Center Independence Square West Philadelphia, PA, 19106, Attorney for Appellant.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Kathleen M. Rice, (Argued), Assistant United States Attorney, Suite 1250 615 Chestnut Street Philadelphia, Pennsylvania 19106, Attorney for Appellee.

Mitchell E. Zamoff, Esq. Hogan & Hartson, 555 13th Street, N.W. Washington, D.C. 20004-1109, Attorney for Appellee.

Before: BECKER, McKEE and STAPLETON, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge:

Allen Powell appeals his sentence of 192 months of imprisonment followed by five years supervised release. He argues that the district court erred by not ruling on his pro se motion for a downward departure based upon conditions of confinement, and by imposing a period of supervised release that was longer than explained in his plea agreement and the change of plea colloquy.

For the reasons that follow...

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