Nos. 96-3660, 96-3899.

158 F.3d 913 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James H. SPIKES (96-3899); Marilyn Smith (96-3660), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 2, 1998.

Attorney(s) appearing for the Case

David A. Sierleja (argued and briefed), office of the U.S. Attorney, Cleveland, OH, for United States.

Terry H. Gilbert (argued and briefed), Friedman & Gilbert, Cleveland, OH, for Spikes.

Wesley A. Dumas, Sr. (argued and briefed), Wesley A. Dumas, Sr. & Associates, Cleveland, OH, for Smith.

Before: GUY, GILMAN, and GODBOLD, Circuit Judges.

GILMAN, Circuit Judge.

James H. Spikes and Marilyn Smith, who lived together in Spikes's residence along with their five children, were arrested by the police following a search of the residence in August of 1995. In a two-count indictment, the government charged Spikes and Smith with possessing crack cocaine with the intent to distribute, and charged Spikes with being a felon in possession of a firearm.

After the...

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