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U.S. v. MACKINS

No. 94-5019.

32 F.3d 134 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Willie MACKINS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 17, 1994.

Attorney(s) appearing for the Case

ARGUED: Thomas Ernest Booth, U.S. Dept. of Justice, Washington, DC, for appellant. Jesse James Waldon, Jr., Charlotte, NC, for appellee. ON BRIEF: Jerry W. Miller, U.S. Atty., Kenneth D. Bell, Asst. U.S. Atty., U.S. Dept. of Justice, Washington, DC, for appellant.

Before MURNAGHAN, WILKINS, and WILLIAMS, Circuit Judges.

Reversedy published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WILKINS and Judge WILLIAMS joined.

OPINION

MURNAGHAN, Circuit Judge:

A federal grand jury sitting in the Western District of North Carolina indicted Willie Mackins, appellee, for conspiracy to traffic in heroin and cocaine (Count 1), in violation of 21 U.S.C. § 846; possession with intent to distribute heroin on August 15, 1991 (Count 2); and possession with intent...

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