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U.S. v. AVERY

No. 95-5232.

128 F.3d 974 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Cortez AVERY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Harry P. Hellings, Jr. (argued and briefed), Hellings & Pisacano, Covington, KY, for Defendant-Appellant.

Frederick A. Stine, V, Asst. U.S. Atty. (argued and briefed), Laura K. Voorhees, Asst. U.S. Attorney, Covington, KY, for Plaintiff-Appellee.

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

NATHANIEL R. JONES, J., delivered the opinion of the court, in which KEITH, J., joined. BOGGS, J. (pp. 988-89), delivered a separate concurring opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

The Defendant entered a conditional plea of guilty in the district court to the charge of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Pursuant to Federal Rule of Criminal Procedure 11(a)(2), he appeals the district...

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