U.S. v. THOMAS

No. 93-3867.

49 F.3d 253 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Garland D. THOMAS, Sr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 16, 1995.


Attorney(s) appearing for the Case

David A. Sierleja, Office of the U.S. Atty., Cleveland, OH (briefed), for plaintiff-appellee.

Lawrence J. Whitney, Sr., Burdon & Merlitti, Akron, OH (briefed), for defendant-appellant.

Before: JONES and RYAN, Circuit Judges; BERTELSMAN, Chief District Judge.


RYAN, J., delivered the opinion of the court, in which BERTELSMAN, D.J., joined. NATHANIEL R. JONES, J. (pp. 261-63), delivered a separate dissenting opinion.

RYAN, Circuit Judge.

A jury convicted defendant, Garland Thomas, Sr., on one count of distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1), and one count of possession of cocaine base with intent to distribute, also in violation of 21 U.S.C. § 841(a)(1). Thomas now appeals, raising...

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