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U.S. v. OKOKO

No. 03-12952.

365 F.3d 962 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jacob OKOKO, a.k.a. Gbenga, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 6, 2004.

Attorney(s) appearing for the Case

Paul M. Rashkind Asst. Fed. Pub. Def., Kathleen M. Williams (Fed. Pub. Def.), Miami, FL, Robert E. Adler, Asst. Fed. Pub. Def., West Palm Beach, FL, for Defendant-Appellant.

Lauren Fleischer, Anne R. Schultz, Asst. U.S. Atty., Laura Thomas Rivero, Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, BARKETT and SILER, Circuit Judges.

BARKETT, Circuit Judge:

Jacob Okoko, a Nigerian citizen, appeals the denial of his motion to dismiss the charges of violating his probation. He argues that because his probationary term expired on July 11, 2000, the district court did not have jurisdiction to find that he violated his probation in 2002. We agree and reverse.

In 1997, Okoko was convicted under one count for conspiracy to commit access device fraud in violation of 18 U.S.C. § 1029(a)(1...

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