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U.S. v. GOODINE

No. 02-1953.

326 F.3d 26 (2003)

UNITED STATES of America, Appellee, v. Brian GOODINE, a/k/a Dwayne Goodine, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 9, 2003.

Rehearing and Suggestion for Rehearing Denied May 19, 2003.

Attorney(s) appearing for the Case

Peter E. Rodway, with whom Rodway & Horodyski was on brief, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 19, 2003.

TORRUELLA, Circuit Judge.

A jury convicted Defendant-Appellant Brian Goodine1 of conspiracy and possession with intent to distribute cocaine base ("crack"), in violation of 21 U.S.C. §§ 841(a)(1) & 846 (2003). By special verdict form, the jury indicated that the amount for each count was at least five, but...

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