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U.S. v. SMITH

No. 05-4111.

451 F.3d 209 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Bernard SMITH, a/k/a E, a/k/a Pac-Man, a/k/a Sld Dft 5:03CR12-2, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 13, 2006.

Attorney(s) appearing for the Case

ARGUED: Aaron Edmund Michel, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Before MICHAEL, KING, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge MICHAEL and Judge GREGORY joined.

OPINION

KING, Circuit Judge.

Eric Bernard Smith appeals his convictions by a jury in the Western District of North Carolina on two related charges— conspiracy to possess with intent to distribute cocaine and cocaine base (21 U.S.C. § 846), and possession with intent to distribute cocaine base (21 U.S.C. § 841(a)(1))—...

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