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U.S. v. HAYWOOD

No. 99-4488.

280 F.3d 715 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Elmer J. HAYWOOD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 21, 2002.

Attorney(s) appearing for the Case

Thomas A. Karol (briefed), Asst. U.S. Attorney, Toledo, OH, for Plaintiff-Appellee.

C. Mark Pickrell (briefed), Nashville, TN, for Defendant-Appellant.

Before: DAUGHTREY, GILMAN, and JOHN R. GIBSON, Circuit Judges.

GILMAN J., delivered the opinion of the court, in which DAUGHERTY, J., joined JOHN R. GIBSON, J. (pp. 726-27), delivered a separate dissenting opinion.

GILMAN, Circuit Judge.

Elmer J. Haywood was indicted and convicted on one count of possession with the intent to distribute 18 grams of crack cocaine on August 1, 1997. As part of its proof that Haywood intended to distribute the crack cocaine allegedly in his possession on that date, the government offered...

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