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UNITED STATES v. HIGGINS

No. 08-5114.

557 F.3d 381 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Oliver HIGGINS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2009.

Attorney(s) appearing for the Case

ARGUED: Keith E. Golden, Golden & Meizlish, Columbus, Ohio, for Appellant. Jerry R. Kitchen, Assistant United States Attorney, Jackson, Tennessee, for Appellee. ON BRIEF: Keith E. Golden, Golden & Meizlish, Columbus, Ohio, for Appellant. Jerry R. Kitchen, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court. CLAY, J. (pp. 399-400), delivered a separate opinion which joins Part II.A.2.a but dissents from Part II.A.2.b. KETHLEDGE, J. (pp. 401), delivered a separate opinion which joins all but Part II.A.2.a.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2006, Oliver Higgins ("Higgins") was indicted and charged with six counts: possession with intent to distribute cocaine base, possession with intent to distribute cocaine, possession with intent to distribute marijuana, possession of counterfeit currency with intent to defraud, felon in possession of a firearm, and possession of a firearm in connection with a drug-trafficking crime. Before trial, Higgins moved...

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