U.S. v. McPHEARSON

No. 05-5534.

469 F.3d 518 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Martedis McPHEARSON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 27, 2006.


Attorney(s) appearing for the Case

ARGUED: R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellant. Angela L. Pitts, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellee. ON BRIEF: R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellant. J. Patten Brown III, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellee.

Before GIBBONS and ROGERS, Circuit Judges; HOLSCHUH, District Judge.


GIBBONS, J., delivered the opinion of the court, in which HOLSCHUH, D.J., joined. ROGERS, J. (p. 527), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

A grand jury returned an indictment charging Martedis McPhearson ("McPhearson") with possession of crack cocaine with intent to distribute, being a felon in possession of a firearm, and possession of a firearm during and in relation to a drug-trafficking crime....

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