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Home / Opinion Digests / Criminal Law / Court made plain error but rights were not affected (access required)

Court made plain error but rights were not affected (access required)

The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending to distribute powder cocaine also requires the district court to revoke supervised release, the plain ...