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U.S. v. MADDEN

Nos. 05-4304, 06-3736.

515 F.3d 601 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone MADDEN (05-4304) and Diana Blaine Brown (06-3736), Defendants-Appellants,

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 25, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Nathan A. Ray, Akron, Ohio, Terry H. Gilbert, Friedman & Gilbert, Cleveland, Ohio, for Appellants. Robert J. Patton, Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before SILER, MOORE, and GILMAN, Circuit Judges.

GILMAN, J., delivered the opinion of the court, in which SILER, J., joined. Moore, J. (p. 614), delivered a separate opinion concurring in Case No. 05-4304 and dissenting in Case No. 06-3736.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Tyrone Madden and Diana Blaine Brown were both charged with one count of conspiring to possess phencyclidine (PCP) with the intent to distribute the drug. Madden was separately charged with being a felon in possession...

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