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U.S. v. MARTINEZ

Nos. 03-3833, 03-3835, 03-3879, 03-3917.

430 F.3d 317 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto MARTINEZ (03-3833), Jerel Henderson (03-3835), Kevin S. Harris (03-3879), Brian Garrett (03-3917), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2005.

Attorney(s) appearing for the Case

ARGUED: Spiros P. Cocoves, Toledo, Ohio, Bertrand R. Puligandla, Toledo, Ohio, Jonathan K. Stock, Jones Day, Columbus, Ohio, John M. Nicholson, McNabb Associates, Houston, Texas, for Appellants. William C. Brown, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Spiros P. Cocoves, Toledo, Ohio, Bertrand R. Puligandla, Toledo, Ohio, Jonathan K. Stock, Shawn J. Organ, Jones Day, Columbus, Ohio, John M. Nicholson, Douglas C. McNabb, McNabb Associates, Houston, Texas, for Appellants. William C. Brown, United States Department of Justice, Washington, D.C., for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

GUY, J., delivered the opinion of the court, in which BATCHELDER, J., joined.

GILMAN, J. (pp. 21-22), delivered a separate concurring opinion.

OPINION

RALPH B. GUY, Circuit Judge.

Defendants Gilberto Martinez, Jerel Henderson, Kevin Harris, and Brian Garrett each appeal their conviction on a single count of conspiracy to distribute and to possess with intent to distribute cocaine, cocaine base, and marijuana. 21 U.S.C. §§ 846 and...

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