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U.S. v. LACY

No. 05-1913.

446 F.3d 448 (2006)

UNITED STATES of America v. Michael LACY, Appellant.

United States Court of Appeals, Third Circuit.

May 5, 2006.

Attorney(s) appearing for the Case

Penny Marshall [Argued], Office of Federal Public Defender, Wilmington, DE, for Appellant.

Shannon T. Hanson [Argued], Office of the U.S. Attorney, Wilmington, DE, for Appellee.

Before RENDELL and AMBRO, Circuit Judges, and SHAPIRO, District Judge.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Defendant Michael Lacy was charged with possession with intent to distribute five grams or more of a substance containing a detectable amount of cocaine base, or crack cocaine, in violation of 21 U.S.C. § 841(a) and (b). A jury acquitted him of the charged offense, but convicted him of two lesser included offenses, simple possession of more than five grams of cocaine base, in violation of 21 U.S.C. §...

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