Labels:book | daily | jotter | reckoner | sky | tree | windowpane OCR: ARGUMENT A CONVICTED DEFENDANT WHO POSSI ESSES NOD TROLLED SUBSTANCES WHILE ON PROBATION MUST HAVE HIS PROBATION REVOKED AND BE SENTENCED TO TERM 10 IMPRISONMENT THAT IS AT LEAST ONE-THIRD THE LENGTH OF HIS ORIGINAL SENTENCE OF PROBATION Under 18 U.S.C. 3565(a), when defendant pos- sesses illegal drugs while on probation the district court must the sentence of probation' and "sentence the defendant not Iess than one-third 01 the original sentence. The court of appeals held that the phrase "original sentence used Section 3565 refers the Sentencing Guidelines range that was applicable at the time the defendant was sentenced, not the sentence probation that the fendant actually received. The court +f appeals' interpretation of Section 3565(a by the language, structure: and legislative history ...
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