United States v. Timothy Tyrone Rockwell
Court of Appeals for the Tenth Circuit
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
Timothy Tyrone Rockwell’s supervised release was revoked for possession of an unprescribed controlled substance. He appeals the district court’s ensuing order for incarceration and further supervised release. The questions which we must decide are: (a) whether the presence of a controlled substance in the body of a person on supervised release constitutes “possession” of that substance for the purposes of 18 U.S.C. § 3583(g), assuming the requisite mens rea; and (b) whether a district court can impose both incarceration and further supervised release upon…
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