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U.S. v. SMITH

Nos. 93-3610, 93-4006, 93-4007, 94-1621, 94-1623 and 94-1751.

49 F.3d 362 (1995)

UNITED STATES of America, Appellee, v. Edward Jerico SMITH, also known as Rico Smith, Appellant. UNITED STATES of America, Appellee, v. Harold McMILLAN, Appellant. UNITED STATES of America, Appellee, v. Cassell Ali BOBO, also known as Louis Taylor, Appellant. UNITED STATES of America, Appellee, v. Courtney Bernard GARDNER, Appellant. UNITED STATES of America, Appellee, v. Donald Cornelius GARDNER, Appellant. UNITED STATES of America, Appellee, v. Dexter Darron CARR, also known as Darron Dexter Carr, also known as Dex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1995.

Attorney(s) appearing for the Case

Barry Voss, Minneapolis, MN, argued for appellant Edward Jerico Smith in No. 93-3610MN.

Michael William McNabb, Burnsville, MN, argued for appellant Harold McMillan in No. 93-4006MN.

Carol Grant, Minneapolis, MN, argued (Marc G. Kurzman, on the brief), for appellant Cassell Ali Bobo in No. 93-4007MN.

John G. Dillon, Minneapolis, MN, argued for appellant Courtney Bernard Gardner in No. 94-1621MN.

Joel C. Golden, Minneapolis, MN, argued for appellant Donald Cornelius Gardner in No. 94-1623MN.

Faison T. Sessoms, Minneapolis, MN, argued for appellant Dexter Darron Carr in No. 94-1751MN.

Denise Ducharme Reilly, Asst. U.S. Atty., Minneapolis, MN, argued for appellee.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

WOLLMAN, Circuit Judge.

Defendants appeal from their various drug, money laundering and drug conspiracy, and firearm convictions, asserting numerous errors. We affirm as to all defendants except Cassell Bobo and Harold McMillan, with respect to whom we reverse and remand for resentencing in accordance with this opinion.

I.

In June 1992 a federal grand jury returned an indictment charging Cassell Bobo with three counts of drug distribution and one...

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