U.S. v. COLLINS

No. 06-50339.

551 F.3d 914 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gwaine Lavon COLLINS, a/k/a Gwaine Collins, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2009.


Attorney(s) appearing for the Case

Karen L. Landau, Oakland, CA, for the defendant-appellant.

Patrick R. Fitzgerald, Assistant U.S. Attorney, Criminal Division, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge GIBSON; Concurrence by Judge GRABER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.


GIBSON, Circuit Judge:

Gwaine Lavon Collins was indicted, along with four other individuals, for six counts of conspiracy to possess with intent to distribute and to distribute methamphetamine, 21 U.S.C. §§ 846 and 841(a)(1), and possession of methamphetamine, 21 U.S.C. § 844. He was tried on the conspiracy count and on two counts of distribution: first, for distributing 919 grams of methamphetamine on August 10, 2004, and

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