U.S. v. McGHEE

No. 09-1322.

627 F.3d 454 (2010)

UNITED STATES of America, Appellee, v. Winston McGHEE, a/k/a Pooh, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 7, 2010.


Attorney(s) appearing for the Case

J. Martin Richey , Federal Defender Office, for appellant.

Nina Goodman , Appellate Section, Criminal Division, Department of Justice, with whom Lanny A. Breuer , Assistant Attorney General, Greg D. Andres , Acting Deputy Assistant Attorney General, and Carmen Milagros Ortiz , United States Attorney, were on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.


BOUDIN, Circuit Judge.

A jury found Winston McGhee guilty of possession of cocaine base (at least five grams), 21 U.S.C. § 844(a) (2006), and of possession of cocaine base with intent to distribute (less than five grams), id. § 841(a)(1).1 He now appeals on three grounds: that the search of his person violated the Fourth Amendment; that the court impermissibly allowed a testifying chemist to rely in part on another chemist...

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