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U.S. v. PHILLIPS

Nos. 01-3515, 01-3523, 01-3823.

349 F.3d 138 (2003)

UNITED STATES of America v. James PHILLIPS, Appellant United States of America v. Otto Barbour, Appellant United States of America v. Dennis jenkins, Appellant United States of America v. Jeffrey Johnson, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 12, 2003.

Attorney(s) appearing for the Case

Christopher G. Furlong, Media, PA, for Appellant James Phillips.

Mark S. Greenberg, LaCheen, Dixon, Wittels & Greenberg, Philadelphia, PA, for Appellant Otto Barbour.

Del Atwell, Montauk, NY, for Appellant Dennis Jenkins.

Jerry S. Goldman, (Argued), Jerry S. Goldman & Associates, Philadelphia, PA, for Appellant Jeffrey Johnson.

Robert A. Zauzmer, (Argued), Frank R. Costello, Jr., Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before: ALITO, BARRY, and AMBRO, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

On July 18, 2000, appellants James Phillips, Jeffrey Johnson, Dennis Jenkins, and Otto Barbour were indicted for conspiracy to distribute over 50 grams of cocaine base — hereinafter "crack" or "crack cocaine"; distribution of crack cocaine; and distribution of crack cocaine within 1,000 feet of a public housing project, in violation of 21 U.S.C. §§ 841, 846 & 860. The government subsequently...

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