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U.S. v. SWAFFORD

No. 03-5468.

385 F.3d 1026 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Larry SWAFFORD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 30, 2004.

Attorney(s) appearing for the Case

Paul W. Laymon Jr., (argued and briefed), Asst. U.S. Attorney, Chattanooga, TN, for Plaintiff-Appellee.

Nikki C. Pierce (argued and briefed), Federal Defender Services, Greeneville, TN, Larry Swafford, Federal Correctional Institute, Forrest City, AR, for Defendant-Appellant.

Before: KEITH, CLAY, and GIBBONS, Circuit Judges.

OPINION

GIBBONS, Circuit Judge.

Defendant-appellant Larry Swafford was charged in a three count indictment in the United States District Court for the Eastern District of Tennessee with (1) possession with intent to distribute fifty grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B); (2) possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and (3) possession...

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