U.S. v. LANG

No. 93-7061.

8 F.3d 268 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley Marshan LANG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 1993.


Attorney(s) appearing for the Case

Martin A. Kilpatrick, Greenville, MS (court-appointed), for defendant-appellant.

Robert H. Norman, Asst. U.S. Atty., Robert Q. Whitwell, U.S. Atty., Jackson, MS, Alfred E. Moreton, III, William C. Martin, Asst. U.S. Attys., Oxford, MS, for plaintiff-appellee.

Before POLITZ, Chief Judge, REAVLEY, and EMILIO M. GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Stanley Marshan Lang was convicted of possession of five grams of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(b)(1)(B) (1988). Lang contends on appeal that the district court erred in submitting the question of the cocaine's admissibility to the jury. Concluding that the district court, and not the jury, should have decided whether the cocaine was admissible under the plain view exception to the warrant...

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