SMITH, Circuit Judge.
Anthony T. Hicks ("Hicks") was charged in a two-count indictment with (1) distribution of approximately 8.67 grams of a mixture containing a detectable amount of cocaine base, commonly called "crack cocaine" having previously been convicted of a felony drug offense, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 851, and 18 U.S.C. § 2, and (2) conspiracy to distribute 5 grams or more of a mixture containing a detectable...
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