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U.S. v. SMITH

No. 04-1476.

419 F.3d 521 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2005.

Rehearing Denied September 6, 2005.

Attorney(s) appearing for the Case

ARGUED: Scott A. Srebnick, Miami, Florida, for Appellant. Robert Cares, United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Scott A. Srebnick, Miami, Florida, for Appellant. Robert Cares, United States Attorney, Detroit, Michigan, for Appellee.

Before: KENNEDY, CLAY, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

Marvin Smith, the delivery man for a drug-trafficking ring operating out of a Detroit car wash, was indicted in 1990 on charges that he conspired to possess and did possess 32 kilograms of powder cocaine with the intent to distribute, engaged in interstate travel in aid of racketeering, and unlawfully used a communication device. Shortly before the jury convicted Smith on all counts, he absconded. He was not

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