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U.S. v. MITCHELL

No. 08-10027.

568 F.3d 1147 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jermaine Alonzo MITCHELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2009.

Attorney(s) appearing for the Case

Dennis A. Cameron, Reno, NV, for the defendant-appellant.

William R. Reed, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Opinion by Judge WALLACE; Dissent by Judge THOMAS.

WALLACE, Senior Circuit Judge:

Mitchell appeals from his conviction and sentence for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1) (Count One), and possession of marijuana in violation of 21 U.S.C. § 844 (Count Two). On Count One, he was sentenced to a mandatory term of life imprisonment without release and ten years of supervised release. On Count Two, he was sentenced to a term of 90 days of imprisonment and three...

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