United States v. Robert W. Denard, A/K/A Scotia

OPINION

WILLIAMS, Circuit Judge:

This appeal involves 18 U.S.C.A. § 3565(a) (West 1985 & Supp.1994), which provides that when a probationer is found in possession of a controlled substance, “the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.” In light of recent Fourth Circuit and Supreme Court precedent, decided subsequent to the filing of this appeal, we vacate the judgment of the district court and remand for sentencing consistent with this opinion.

I

Robert Denard was indicted on one count of conspiracy to distribute…