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U.S. v. HARRIS

Nos. 99-6224, 99-6254.

255 F.3d 288 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas R. HARRIS; Aaron L. Taylor, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 21, 2001.

Attorney(s) appearing for the Case

ARGUED: Rita C. LaLumia, FEDERAL DEFENDER SERVICES, Chattanooga, Tennessee, John E. Eberly, EBERLY LAW FIRM, Chattanooga, Tennessee, for Appellants.

Perry H. Piper, ASSISTANT UNITED STATES ATTORNEY, Chattanooga, Tennessee, for Appellee.

ON BRIEF: David F. Ness, FEDERAL DEFENDER SERVICES, Chattanooga, Tennessee, John E. Eberly, EBERLY LAW FIRM, Chattanooga, Tennessee, for Appellants.

Perry H. Piper, ASSISTANT UNITED STATES ATTORNEY, Chattanooga, Tennessee, for Appellee.

Before BATCHELDER and CLAY, Circuit Judges; POLSTER, District Judge.

POLSTER, District Judge, delivered the opinion of the court, in which BATCHELDER, J., joined. CLAY, J. (pp. 295-300), delivered a separate opinion concurring in part, dissenting in part.

OPINION

POLSTER, District Judge.

Defendants Thomas R. Harris and Aaron Taylor appeal from their convictions on charges of possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1), claiming...

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