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U.S. v. SMITH

No. 12-11042.

741 F.3d 1211 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Erick D. SMITH, a.k.a. Erick Smith, a.k.a. Tator, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 23, 2013.

Attorney(s) appearing for the Case

Robert G. Davies , David Lance Goldberg , Pamela C. Marsh , U.S. Attorney's Office, Pensacola, FL, Robert D. Stinson , U.S. Attorney's Office, Tallahassee, FL, for Plaintiff-Appellee.

Michael Robert Ufferman , Michael Ufferman Law Firm, PA, Tallahassee, FL, for Defendant-Appellant.

Before TJOFLAT, MARCUS and RIPPLE, Circuit Judges.

MARCUS, Circuit Judge:

Erick Smith seeks to overturn his conviction and 420-month sentence for, inter alia, conspiring to distribute and possess with intent to distribute cocaine. On appeal, Smith principally claims that the Supreme Court's recent decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), requires us to reverse the denial...

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