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U.S. v. SMITH

No. 93-5008.

13 F.3d 380 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. DeAndre SMITH, a/k/a Dino, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 1993.

Attorney(s) appearing for the Case

Craig Bryant, Asst. Federal Public Defender (Robert Nigh, Jr., Asst. Federal Public Defender, on the brief), Tulsa, OK, for defendant-appellant.

Scott Woodward, Asst. U.S. Atty. (James L. Swartz, Asst. U.S. Atty., on the brief), Tulsa, OK, for plaintiff-appellee.

Before ANDERSON, ENGEL and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

DeAndre Smith appeals from his conviction upon a jury verdict for the violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 860(a), styled in the indictment as "[d]istribution of cocaine base within 1,000 feet of a playground." Mr. Smith was convicted and sentenced to 78 months with a five-year term of supervised release. On appeal, he challenges the sufficiency of the evidence that the uncontroverted drug sale occurred within...

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