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U.S. v. GREEN

No. 05-3073.

442 F.3d 677 (2006)

UNITED STATES of America, Appellee, v. DeWayne A. GREEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 27, 2006.

Attorney(s) appearing for the Case

Jennifer L. Gilg, argued, Federal Public Defender's Office, Omaha, Nebraska (David R. Stickman and Shannon P. O'Connor, on the brief), for appellant.

Bruce W. Gillan, argued, Assistant U.S. Attorney, Omaha, Nebraska ( Michael G. Heavican, on the brief), for appellee.

Before SMITH and HANSEN, Circuit Judges, and BOGUE, District Judge.

BOGUE, District Judge.

DeWayne A. Green ("Green") entered a conditional guilty plea to possession with intent to distribute over five grams of cocaine base (crack cocaine), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1), after the district court2 denied his motion to suppress cocaine base seized during the search of a vehicle in which he was a passenger. The district court sentenced Green to 105 months' imprisonment.

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