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US v. Nguyen, 09-2410

By FindLaw Staff on September 02, 2010 | Last updated on March 21, 2019

US v. Nguyen, 09-2410, concerned an appeal of the district court's imposition of an 83-month sentence, followed by four years of supervised release, requiring defendant to submit to a drug test within fifteen days of her release from confinement and periodic drug tests thereafter during the supervised release term, following defendant's conviction for possession with intent to manufacture 1,000 or more marijuana plants.  In dismissing the appeal, the court held that defendant's claim that the district court violated Rule 32(i)(1)(A) is weak, and the claim that the court violated the Court Interpreters Act is simply wrong as, in light of defendant's representations, it appears that the absence of translation of the PSI report into Vietnamese had no effect on her substantial rights.  The court also held that the challenged condition fit the circumstances of the crime, and as such, there was no miscarriage of justice.

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