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U.S. v. SMITH

No. 93-5078 Non-Argument Calendar.

51 F.3d 980 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Thomas SMITH, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 5, 1995.

Attorney(s) appearing for the Case

Robert E. Adler, Asst. Federal Public Defender, West Palm Beach, FL, for appellant.

Kendall Coffey, U.S. Atty., Miami, FL, Ilona Holmes, Robert K. Senior, Linda Collins Hertz, Carol Herman, Asst. U.S. Attys., Ft. Lauderdale, FL, for appellee.

Before ANDERSON, BLACK and CARNES, Circuit Judges.

PER CURIAM:

The panel withdraws the previous panel opinion dated February 1, 1995, published at 43 F.3d 642, and substitutes therefor the following opinion:

Appellant Earl Thomas Smith, Jr., pled guilty to importing marijuana into the United States, in violation of 21 U.S.C.A. §§ 952(a) and 960 (West.Supp.1994). He raises two issues on appeal.

First, Smith contends that the district court erroneously...

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