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U.S. v. GATEWOOD

No. 94-6446.

60 F.3d 248 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde A. GATEWOOD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 1, 1995.

Rehearing and Suggestion for Rehearing Denied September 18, 1995.

Attorney(s) appearing for the Case

Timothy R. DiScenza, Asst. U.S. Atty., Paul O'Brien (argued and briefed), Office of U.S. Atty., Memphis, TN, for plaintiff-appellee.

April R. Ferguson, Federal Public Defender's Office, Memphis, TN (argued and briefed), for defendant-appellant.

Before: JONES, GUY, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 18, 1995.*

GUY, J., delivered the opinion of the court, in which BOGGS, J., joined. JONES, J. (pp. 251-52), delivered a separate dissenting opinion.

GUY, Circuit Judge.

The defendant, Clyde Gatewood, entered a plea of guilty to one count of possessing cocaine base with intent to distribute. 21 U.S.C. § 846. Prior to pleading guilty, Gatewood had filed...

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