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U.S. v. CAPELTON

Nos. 02-1248, 02-1460.

350 F.3d 231 (2003)

UNITED STATES of America, Appellee, v. Jerome CAPELTON, a/k/a Anthony Coleman, Defendant, Appellant. United States of America, Appellee, v. Gary White, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 26, 2003.

Attorney(s) appearing for the Case

Alan Jay Black, for appellant Jerome Capelton.

Bernard T. O'Connor, Jr., for appellant Gary White.

Daniel S. Goodman, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Todd E. Newhouse, Assistant United States Attorney were on brief for appellee.

Before SELYA, Circuit Judge, RICHARD S. ARNOLD, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

On September 21, 2000, a grand jury returned a ten-count indictment against defendants Jerome Capelton and Gary White. The grand jury indicted White on nine counts of illicit drug activity, including one count of conspiracy to possess with intent to distribute cocaine, one count of distribution and possession with intent to distribute cocaine powder, and seven counts of distribution and possession with intent to distribute cocaine base. Capelton...

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