U.S. v. COCHRAN

No. 11-11923.

683 F.3d 1314 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Roderick L. COCHRAN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 14, 2012.


Attorney(s) appearing for the Case

Todd B. Grandy , Robert E. O'Neill , U.S. Attys., Tampa, FL, Tama Caldarone , Jeffrey F. Michelland , U.S. Attys., Fort Myers, FL, for Plaintiff-Appellee.

Russell K. Rosenthal , Darlene M. Geiger , Fed. Pub. Defenders, Fed. Pub. Defender's Office, Fort Myers, FL, Rosemary Cakmis , Donna Lee Elm , Fed. Pub. Defenders, Fed. Pub. Defender's Office, Orlando, FL, for Defendant-Appellant.

Before WILSON, ANDERSON and HIGGINBOTHAM, Circuit Judges.


WILSON, Circuit Judge:

Roderick Cochran was convicted for possessing with intent to distribute five grams or more of cocaine base and possessing with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1). The cocaine and cocaine base at issue were discovered when officers searched a residence; Cochran was standing in the driveway of that residence at the time of the search. The government's theory of the case was that although Cochran...

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