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U.S. v. GREEN

No. 06-2468.

556 F.3d 151 (2009)

UNITED STATES of America, v. Artega GREEN, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed September 2, 2008.

Petition for Panel Rehearing Granted and Opinion Vacated December 30, 2008.

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) January 27, 2009.

Filed: February 18, 2009.

Attorney(s) appearing for the Case

Stephen P. Patrizio, Esq. (Argued), Philadelphia, PA, for Appellant.

Robert F. Kravetz, Esq. (Argued), Office of the United States Attorney, Wilmington, DE, for Appellee.

Before: AMBRO, CHAGARES and COWEN, Circuit Judges.

OPINION

COWEN, Circuit Judge.

Defendant Artega Green was convicted by a jury of one count of distribution of more than 50 grams of cocaine base in violation of 21 U.S.C. § 841. The District Court sentenced him to a term of imprisonment of 151 months. Green timely appeals from both his conviction and sentence. For the reasons set forth below, we will vacate the judgment of conviction and remand for a new trial.

I. FACTUAL BACKGROUND AND PROCEDURAL...

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