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U.S. v. SMITH

No. 94-5724.

62 F.3d 641 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan E. SMITH, a/k/a John Smith, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1995.

Attorney(s) appearing for the Case

ARGUED: William Lee Davis, III, Lumberton, NC, for appellant. Robert Edward Skiver, Asst. U.S. Atty., Raleigh, NC, for appellee. ON BRIEF: Janice McKenzie Cole, U.S. Atty., Amanda J. Green, Third Year Law Student, North Carolina Cent. University School of Law, Raleigh, NC, for appellee.

Before MURNAGHAN and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded for resentencing by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Jonathan Smith appeals from his conviction and sentencing on six narcotics charges. He contends, inter alia, that the district court gave a misleading and prejudicial supplemental jury instruction, improperly denied his motion...

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