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U.S. v. KINCAID

No. 99-3063.

212 F.3d 1025 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Tunji KINCAID, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Frances C. Hulin, Stephen A. Kubiatowski (argued), Office of the U.S. Attorney, Springfield, IL, for plaintiff-appellee.

Asheesh Agarwal (argued), Mayer, Brown & Platt, Chicago, IL, for defendant-appellant.

Before EASTERBROOK, KANNE and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

In September 1998, Tunji Kincaid was arrested for criminal trespass to land after he parked his stalled car in the driveway of a vacant residence owned by Jack Childress. Incident to his arrest, his car was searched and 12.4 grams of crack cocaine and a crack pipe were found. On this basis, Kincaid was indicted for possession of cocaine with intent to distribute, pursuant to 21 U.S.C. §§ 841(a)(1), (b)(1)(B).

Kincaid moved to...

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