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U.S. v. HELTON

No. 00-2381.

314 F.3d 812 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Germaine HELTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 6, 2003.

Attorney(s) appearing for the Case

Michael Hluchaniuk (argued and briefed), Assistant United States Attorney, Bay City, MI, for Plaintiff-Appellee.

William T. Street (argued and briefed), Klimaszewski & Street, Saginaw, MI, for Defendant-Appellant.

Before: SILER, COLE, and CLAY, Circuit Judges.

COLE, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 825-26), delivered a separate dissenting opinion.

OPINION

COLE, Circuit Judge.

Defendant-Appellant, Germaine Helton, pleaded guilty under a conditional plea agreement to one count of possession of crack cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1) and one count of possession of firearms in furtherance of a drug trafficking crime...

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