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U.S. v. SMITH

No. 00-3860.

282 F.3d 1045 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Shawn M. SMITH, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 15, 2002.

Attorney(s) appearing for the Case

Susan T. Lehr, Asst. U.S. Atty., Omaha, NE argued (Thomas J. Monaghan and Amy L. Ellebracht, on the brief), for plaintiff-Appellant.

Eric L. Whitner, Omaha, NE, argued, for Defendant-Appellee.

Before LOKEN, LAY, and RILEY, Circuit Judges.

LOKEN, Circuit Judge.

In early November 1999, Shawn M. Smith was arrested for selling crack cocaine while on parole from a state conviction for assault with a firearm. The State of Nebraska revoked Smith's parole later that month, and he returned to prison with a tentative discharge date in October 2002. He was then indicted and pleaded guilty to a federal charge of possessing cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The district...

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