United States v. Danny Purvis

Good Law
91 Daily Journal DAR 9437·940 F.2d 1276·1991 WL 143858·1991 U.S. App. LEXIS 17202·91 Cal. Daily Op. Serv. 6127
United States Court of Appeals for the Ninth CircuitAugust 2, 199190-50183California1,949 words

Opinion

Opinion

Reinhardt, J.

Following the filing of an information, Danny Purvis was prosecuted for a violation of 21 U.S.C. § 844 (a), simple possession of a controlled substance. He was found guilty of that misdemeanor offense and sentenced to one year imprisonment plus one year of supervised release. The conditions of his supervised release required him to refrain from drug usage and to submit to drug testing and treatment at the direction of the U.S. Probation Office. Mr. Purvis served 360 days in custody for the violation of § 844(a). Three and a half months after beginning to serve his supervised release term, he was arrested based on his probation officer’s petition for revocation because he had allegedly tested positive on four separate occasions for the presence of drugs in his system and had refused to enter a residential drug treatment program. Mr. Purvis was detained in federal custody for 33 days before a status hearing was held. At that time, he was released from custody on the condition that he abide by the terms of his supervised release. At a subsequent hearing, the district court revoked Mr. Purvis’s supervised release but then reinstated it under the same terms and conditions as those set…

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