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U.S. v. HYTHON

No. 05-3008.

443 F.3d 480 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Andre HYTHON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2006.

Attorney(s) appearing for the Case

ARGUED: Steven S. Nolder, Federal Public Defender's Office, Columbus, Ohio, for Appellant. Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Steven S. Nolder, Federal Public Defender's Office, Columbus, Ohio, for Appellant. Michael J. Burns, Assistant United States Attorney, Columbus, Ohio, for Appellee.

Before: DAUGHTREY and GILMAN, Circuit Judges; RUSSELL, District Judge.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The defendant, Andre Hython, appeals his conviction for possession of crack cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii), following his guilty plea to the first count of a three-count indictment. Hython's plea was conditional, permitting him to challenge the district court's order denying his motion to suppress, in which he contended that police had seized...

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