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U.S. v. MILES

No. 06-4213.

499 F.3d 906 (2007)

UNITED STATES of America, Appellee, v. Forestine W. MILES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2007.

Attorney(s) appearing for the Case

Anita L. Burns, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Jane Pansing Brown, Asst. U.S. Atty., Kansas City, MO (Bradley J. Schlozman, U.S. Atty., on the brief), for appellee.

Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Between July and September of 2004, an undercover police officer purchased cocaine from Forestine W. Miles in Kansas City, Missouri. On March 1, 2005, Miles was indicted on one count of knowingly and intentionally possessing five grams or more of cocaine base with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Following a psychological evaluation and a competency hearing, the district court

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