RYAN, J., delivered the opinion of the court, in which MATIA, D.J., joined. JONES, J. (pp. 1418-23), delivered a separate opinion concurring in the result.
RYAN, Circuit Judge.
The defendant, Lewis Smith, appeals his conviction and sentence entered after a bench trial for unlawful possession of more than five grams of cocaine base in violation of 21 U.S.C. § 844. We are asked to determine: (1) whether the district court erred in denying his motion to...
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