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U.S. v. FERGUSON

No. 91-6316.

989 F.2d 202 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil R. FERGUSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 19, 1993.

Attorney(s) appearing for the Case

Christopher E. Cotten, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Memphis, TN, for plaintiff-appellee.

Eugene A. Laurenzi (argued & briefed), Agee, Allen, Godwin, Morris & Laurenzi, Memphis, TN, for defendant-appellant.

Before: KEITH, JONES, and BOGGS, Circuit Judges.

KEITH, Circuit Judge.

Appellant, Cecil R. Ferguson, appeals his conviction and sentence for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). For the foregoing reasons, we REVERSE appellant's conviction and VACATE his sentence.

I.

At approximately 1:30 a.m. on October 18, 1990, Officer Ernie Writesman was on routine patrol at the Royal Oaks Motel parking lot in Memphis, Tennessee. While

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