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U.S. v. SMITH

No. 94-3337.

63 F.3d 956 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon J. SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 17, 1995

Attorney(s) appearing for the Case

Michael G. Christensen, Asst. U.S. Atty. (Randall K. Rathbun, U.S. Atty., with him on the brief), Wichita, KS, for plaintiff-appellee.

Jack Focht (Kenneth G. Gale on the brief), of Focht, Hughey & Calvert, Wichita, KS, for defendant-appellant.

Before TACHA and HOLLOWAY, Circuit Judges, and ELLISON, District Judge.

HOLLOWAY, Circuit Judge.

Defendant-appellant Brandon J. Smith was convicted on one count of possession of cocaine base with intent to distribute, 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and on one count of using or carrying firearms during and in relation to a drug trafficking crime. 18 U.S.C. § 924(c)(1) and 18 U.S.C. § 2. A charge of conspiracy to possess cocaine base with intent to distribute was dismissed by the court at the close of the prosecution...

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