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U.S. v. SMITH

No. 89-5544.

914 F.2d 565 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rudi Bernard SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1990.

Attorney(s) appearing for the Case

John G. Hackney, Jr., Charleston, W.Va., for defendant-appellant.

Dwane L. Tinsley, Asst. U.S. Atty., Charleston, W.Va., (Michael W. Carey, U.S. Atty., Charleston, W.Va., on brief), for plaintiff-appellee.

Before HALL and WILKINS, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

WILKINS, Circuit Judge:

Rudi Bernard Smith appeals his convictions by a jury of distribution of crack, possession with the intent to distribute crack, and possession of a firearm during and in relation to a drug trafficking crime. 21 U.S.C.A. § 841(a)(1) (West 1981); 18 U.S.C.A. § 924(c)(1) (West Supp.1990). He contends that the evidence was insufficient to convict him of the firearm charge. He challenges on several grounds the admission of evidence seized...

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