United States v. Douglas Paul Pierce

HEANEY, Circuit Judge..

The sole issue raised on this appeal is whether the district court was correct in its assessment that it was required to sentence Douglas Paul Pierce to a prison term of fourteen months when it found that he possessed a controlled substance during his supervised release. We hold that the district court erred and remand for resentencing.

I

In May 1995, Pierce was sentenced to a term of eighteen-months imprisonment and a three-year term of supervised release. As a standard condition of supervised release, he was prohibited from possessing a controlled substance and was…