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U.S. v. SMITH

Nos. 10-3630, 10-3652.

674 F.3d 722 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald L. SMITH and Kevin Baker, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 2012.

Attorney(s) appearing for the Case

Renai Scherri Rodney (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Barry Levenstam , Attorney, Jenner & Block LLP, Chicago, IL, John J. Molenda , Ph.D. (argued), Attorney, Mayer Brown LLP, New York, NY, for Defendant-Appellant.

Richard H. McLeese (argued), Attorney, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Ronald L. Smith and Kevin Baker were convicted of conspiracy to possess with intent to distribute and to distribute, and attempted possession of five kilograms of cocaine. Baker was also convicted of using a telephone in commission of the conspiracy. The defendants appeal the district court's denial of their motion for a new trial which was based on the government's surprise disclosure of the identity of its confidential informant. Smith also...

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