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U.S. v. REED

No. 99-3394.

220 F.3d 476 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon REED, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 30, 2000.

Rehearing and Rehearing Denied September 11, 2000.

Attorney(s) appearing for the Case

Timothy D. Oakley (argued and briefed), Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Richard W. Smith-Monahan (argued and briefed), Office of the Federal Public Defender, Cincinnati, Ohio, for Appellant.

Before: NORRIS and GILMAN, Circuit Judges; HOOD, District Judge.

Rehearing and Rehearing En Banc Denied September 11, 2000.*

HOOD, D. J., delivered the opinion of the court, in which NORRIS, J., joined. GILMAN, J. (pp. 479-85), delivered a separate dissenting opinion.

AMENDED OPINION

HOOD, District Judge.

On December 14, 1998, Marlon Reed entered a conditional guilty plea to one count of possession with the intent to distribute crack cocaine pursuant to 21 U.S.C. § 841...

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