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U.S. v. DAVIS

No. 05-2465.

547 F.3d 520 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Duron DAVIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2008.

Attorney(s) appearing for the Case

ARGUED: Winston Kelly Johnson, Porter, Wright, Morris & Arthur, Cincinnati, Ohio, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: James B. Hadden, Porter, Wright, Morris & Arthur, Columbus, Ohio, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court, in which GILMAN, J., joined. McKEAGUE, J. (pp. 529-31), delivered a separate opinion concurring in the judgment.

OPINION

ROGERS, Circuit Judge.

Defendant Kevin Davis was convicted of distributing, and of conspiring to distribute, crack cocaine. He had sold crack cocaine to a government informant who had been directed to Davis by Davis's cousin. At trial, the district court admitted testimony concerning a prior drug transaction that similarly involved Davis, his cousin, and a third-party buyer. Davis challenges both his...

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