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U.S. v. BROWN

No. 01-51260.

328 F.3d 787 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Walter BROWN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2003.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Anthony Martin Smith (argued), Law Office of Anthony M. Smith, San Antonio, TX, for Defendant-Appellant.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

FACTUAL AND PROCEDURAL BACKGROUND

On November 20, 1999, Walter Brown ("Brown") was the victim of an attempted home invasion robbery. During the course of their investigation of the home invasion, police seized a microwave oven which contained 6.44 grams of cocaine base (crack cocaine) residue coated to the inside of the oven, and a bag containing nearly $12,000 cash. Brown pleaded guilty, pursuant to a plea agreement, to possessing...

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