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U.S. v. DUNCAN

No. 03-15315.

381 F.3d 1070 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Marco D. DUNCAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 18, 2004.

Attorney(s) appearing for the Case

Robert Augustus Harper, Jr. and Michael Robert Ufferman (Court-Appointed), Robert Augustus Harper Law Firm, P.A., Tallahassee, FL, for Defendant-Appellant.

Robert G. Davies, Pensacola, FL, E. Bryan Wilson, Tallahassee, FL, for Plaintiff-Appellee.

Before ANDERSON and BIRCH, Circuit Judges, and LAND, District Judge.

ANDERSON, Circuit Judge:

On February 20, 2002, the appellant, Marco D. Duncan, and several other codefendants were charged with conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and fifty grams or more of cocaine base, pursuant to 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(ii), and 21 U.S.C. § 846. The indictment also alleged a criminal forfeiture count.

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