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U.S. v. COLLINS

No. 89-3743.

915 F.2d 618 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Michael J. COLLINS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 19, 1990.

Attorney(s) appearing for the Case

Geoffrey Brigham, Joseph C. Wyderko, Crim. Div., Appellate Section, Washington, D.C., for plaintiff-appellant.

James H. Burke, Jr., Asst. Federal Public Defender, Jacksonville, Fla., for defendant-appellee.

Before CLARK and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

FACTS

Appellee pled guilty to Count 2 of an indictment which charged possession with intent to distribute greater than 50 grams of cocaine base on December 30, 1987, in violation of 21 U.S.C. § 841(a)(1). The federal indictment was returned on January 13, 1988. Appellee had been arrested by state authorities on November 14, 1987 and charged with trafficking in cocaine. He pled nolo contendere to that charge on February 17, 1988...

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