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U.S. v. SMITH

No. 92-6585 Non-Argument Calendar.

39 F.3d 1143 (1994)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Charles L. SMITH, Jr., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 8, 1994.

Attorney(s) appearing for the Case

J.B. Sessions, U.S. Atty., Maria F. Stieber, Maria E. Fernandez, Mobile, AL, for appellant.

T. Jefferson Deen, III, Mobile, AL, Charles L. Smith, Jr., Talladega, AL, for appellee.

Before KRAVITCH, DUBINA and BARKETT, Circuit Judges.

KRAVITCH, Circuit Judge:

Two issues are presented in this appeal: (1) whether the district court erred in denying Smith's motion to suppress; and (2) whether the district court improperly effected a downward departure from the statutory mandatory minimum sentence. For the reasons discussed below, we AFFIRM the district court's denial of Smith's motion to suppress, but VACATE the sentence imposed upon Smith and REMAND for a new sentencing hearing consistent with this...

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