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U.S. v. SMITH

No. 93-5837.

30 F.3d 568 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Randy Marvo SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1994.

Attorney(s) appearing for the Case

ARGUED: Benjamin Thomas Stepp, Asst. Federal Public Defender, Greenville, SC, for appellant. William G. Yarborough, III, Asst. U.S. Atty., Greenville, SC, for appellee. ON BRIEF: J. Preston Strom, Jr., U.S. Atty., Greenville, SC, for appellee.

Before MURNAGHAN, Circuit Judge, LEGG, United States District Judge for the District of Maryland, sitting by designation, and ERWIN, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Senior Judge ERWIN wrote the opinion, in which Judge MURNAGHAN and Judge LEGG joined.

OPINION

ERWIN, Senior District Judge:

Appellant Randy Marvo Smith was charged with violating 21 U.S.C. § 841(a)(1) (1981), knowingly, and intentionally possessing crack cocaine, with the intent to distribute. A jury found him guilty. The district court sentenced him to a term of 136 months. On appeal, Smith challenges the district...

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