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U.S. v. SMITH

No. 03-3485.

383 F.3d 700 (2004)

UNITED STATES of America, Appellee, v. Lamont O. SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John C. Vanderslice of Lincoln, NE.

Counsel who presented argument on behalf of the appellee was David W. Stempson, AUSA, of Lincoln, NE.

Before WOLLMAN, HEANEY, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

Lamont Smith was convicted of one count of possession with the intent to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. § 841. He was sentenced by the district court1 to 120 months' imprisonment. On appeal, Smith argues (1) that the district court erred in denying his motion to suppress and (2) that the district court erred in permitting a previously undisclosed witness to testify on...

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