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U.S. v. DIAL

No. 06-5519.

524 F.3d 783 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lynn DIAL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2008.

Attorney(s) appearing for the Case

ON BRIEF: J. Daniel Freemon, Freemon Law Firm, Lawrenceburg, Tennessee, for Appellant. Harold B. McDonough, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined. SILER, J. (p. 789), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Jeffrey Lynn Dial ("Dial") pleaded guilty to one count of conspiracy "to knowingly and intentionally manufacture, distribute, and possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine," in violation of 21 U.S.C. § 841(a)(1), Joint Appendix ("J.A.") at 15 (Superseding Indictment at 3), and one count of possession of...

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