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U.S. v. LAPOINTE

No. 11-5194.

690 F.3d 434 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. James LaPOINTE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan Harwell , Harwell and Harwell, P.C., Knoxville, Tennessee, for Appellant. Alexandra Hui , United States Attorney's Office, Knoxville, Tennessee, for Appellee. ON BRIEF: Jonathan Harwell , Ralph E. Harwell , Harwell and Harwell, P.C., Knoxville, Tennessee, Russell T. Greene , Knoxville, Tennessee, for Appellant. Alexandra Hui , United States Attorney's Office, Knoxville, Tennessee, for Appellee.

Before: MERRITT and ROGERS, Circuit Judges; POLSTER, District Judge.

OPINION

MERRITT, Circuit Judge.

A jury convicted Defendant James LaPointe of (1) conspiring to distribute or conspiring to possess with the intent to distribute oxycodone in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (2) attempting to possess oxycodone with the intent to distribute in violation of 21 U.S.C. § 846. He now appeals. On the first count, LaPointe claims that he should have received an instruction on the lesser-included offense...

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