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U.S. v. ROBISON

Nos. 89-3520, 89-3724.

904 F.2d 365 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Rodney ROBISON (89-3724), and James Roosevelt Smoot (89-3520), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1990.

Attorney(s) appearing for the Case

Michael Burns, Robyn Jones and Bradley D. Barbin, Office of U.S. Atty., Columbus, Ohio, Gregory G. Lockhart (argued), Office of U.S. Atty., Dayton, Ohio, for plaintiff-appellee.

Steven M. Brown (argued), Columbus, Ohio, for defendant-appellant, James Roosevelt Smoot.

Steven S. Nolder (argued), Columbus, Ohio, for defendant-appellant, Richard Rodney Robison.

Before MARTIN and JONES, Circuit Judges, and FEIKENS, Senior District Judge.

NATHANIEL R. JONES, Circuit Judge.

Defendant James Roosevelt Smoot appeals his jury conviction and defendant Richard Rodney Robison appeals his guilty plea, each for conspiracy to distribute cocaine and possession with intent to distribute cocaine. For the following reasons, we affirm the conviction of Smoot and vacate the sentences of both defendants.

I.

On March 9, 1988, the Columbus Police Narcotics Bureau executed a search warrant in a home in...

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