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U.S. v. LUCAS

No. 02-5399.

357 F.3d 599 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robin Rochelle LUCAS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 12, 2004.

Attorney(s) appearing for the Case

Camille R. McMullen, Assistant United States Attorney (briefed), Memphis, TN, Tammi R. Simpson, U.S. Atty's Office, Jackson, TN, for Appellee.

Jerald W. Newton (argued and briefed), Sedona, AZ, for Appellant.

Before BOGGS, Chief Judge; RYAN, Circuit Judge; and ROSEN, District Judge.

BOGGS, C.J., delivered the opinion of the court, in which RYAN, J., joined.

ROSEN, D.J. (pp. 610-15), delivered a separate concurring opinion.

OPINION

BOGGS, Chief Judge.

On May 18, 2001, Robin Rochelle Lucas was indicted by a grand jury for knowingly and intentionally possessing with the intent to distribute 500 grams or more of a mixture containing cocaine, in violation of 21 U.S.C. § 841(a)(1). In September 2001, Lucas was convicted...

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