United States v. Jose Hernandez Sosa

DUHÉ,, Circuit Judge:

The facts in this statutory construction case are undisputed. In 1989 Appellant Jose Hernandez Sosa pleaded guilty to stealing mail from the United States Postal Service in violation of 18 U.S.C. § 1709. The Sentencing Guidelines authorized the court to sentence him to a maximum prison sentence of six months. In exchange for his plea, however, the court sentenced him to three years of probation. As a condition of probation, Sosa periodically submitted to drug testing. In November 1992, after months of testing positive for drug use, Sosa admitted to charges that he had…