MURTHA, District Judge.
I. Background
On September 19, 2000, the government charged defendant-appellee Kevin Bivins in an 11-count indictment with conspiracy to distribute and to possess with intent to distribute 5 kilograms or more of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 846 (Count I); possession with intent to distribute and distribution of 50 grams or more of cocaine base in violation of 21 U.S.C. §§...
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