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U.S. v. Cunningham, No. 01-1252 (2nd Cir.) (292 F.3d 115) (May 29, 2002) (Judge Joseph M. McLaughlin)

Here the Court held that the letter grade of an offense used in 18 USC § 3559 and USSG § 5D1,2(a) to determine the length of a term of supervised release is based on the statutory maximum not the Guideline sentencing range.

Under the Guidelines, a district court "shall order ...

 

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