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U.S. v. GARCIA

No. 03-2152.

496 F.3d 495 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas A. GARCIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2007.

Attorney(s) appearing for the Case

ARGUED: David C. Thomas, Chicago-Kent College of Law, Chicago, Illinois, for Appellant. Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee. ON BRIEF: David C. Thomas, Chicago-Kent College of Law, Chicago, Illinois, for Appellant. Janet L. Parker, Assistant United States Attorney, Bay City, Michigan, for Appellee.

Before: BATCHELDER and MOORE, Circuit Judges; HOOD, District Judge.

BATCHELDER, J., delivered the opinion of the court, in which HOOD, D.J., joined. MOORE, J. (pp. 515-17), delivered a separate concurring opinion.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Defendant Nicholas Garcia ("Garcia") was indicted on one count of conspiring to possess with intent to distribute 1,000 kilograms or more of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. The jury found Garcia guilty of this charge, and the...

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