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U.S. v. MORRIS

No. 10-10009.

633 F.3d 885 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Wickett D. MORRIS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2011.

Attorney(s) appearing for the Case

Barbara Valliere (argued), United States Department of Justice, San Francisco, CA, for the plaintiff-appellant.

Paul Delano Wolf (argued), Law Offices of Paul Delano Wolf, and Lynn M. Keslar , Law Offices of Lynn M. Keslar, Oakland, CA, for the defendant-appellee.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.

OPINION

PER CURIAM:

The United States appeals from the district court's order dismissing an information against Wickett Morris filed pursuant to 21 U.S.C. § 851. We reverse and remand.

BACKGROUND

On December 9, 2008, a grand jury charged Morris with possessing more than fifty grams of crack cocaine with intent to distribute it within 1000 feet of a public housing authority, which is prohibited by 21 U.S.C. §§ 841(a)(1), ...

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