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U.S. v. WHITTINGTON

No. 05-2247.

455 F.3d 736 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard WHITTINGTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 2006.

Attorney(s) appearing for the Case

ARGUED: David A. Koelzer, Federal Defender's Office, Flint, Michigan, for Appellant. Michael Hluchaniuk, Assistant United States Attorney, Bay City, Michigan, for Appellee. ON BRIEF: David A. Koelzer, Federal Defender's Office, Flint, Michigan, for Appellant. Michael Hluchaniuk, Assistant United States Attorney, Bay City, Michigan, for Appellee.

Before: SUHRHEINRICH and GRIFFIN, Circuit Judges; SPIEGEL, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant Bernard Whittington was convicted of conspiracy to distribute five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). He appeals the district court's denial of his motion in limine to exclude evidence that Whittington was found in possession of large amounts of cash and a cell phone on two separate occasions. For the reasons that follow, we AFFIRM.

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