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U.S. v. SMITH

No. 08-3816.

581 F.3d 692 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Lee SMITH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2009.

Attorney(s) appearing for the Case

John Charles Brink, I, argued, Minneapolis, MN, for appellant.

Thomas More Hollenhorst, AUSA, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and GRUENDER, Circuit Judges.

LOKEN, Chief Judge.

Edward Lee Smith appeals his conviction and sentence for manufacturing and possessing with intent to distribute cocaine base in violation of 21 U.S.C. § § 841(a)(1) and 841(b)(1)(B). Smith argues that the district court1 erred in denying his motion to suppress evidence seized during a warrant search of his home because the warrant application failed to establish probable cause, and that his 120-month sentence...

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