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U.S. v. SMITH

No. 19-4321.

962 F.3d 755 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. David William SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2020.

Attorney(s) appearing for the Case

Howard W. Anderson III , LAW OFFICE OF HOWARD W. ANDERSON III, LLC, Pendleton, South Carolina, for Appellant. R. Andrew Murray , United States Attorney, Anthony J. Enright , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Floyd joined. Senior Judge Traxler wrote an opinion concurring and concurring in the result in part.

Following a two-day trial, a jury in the Western District of North Carolina found appellant David William Smith guilty of possession with intent to distribute more than 50 grams of methamphetamine, along with simple possession of a smaller quantity. On appeal, Smith advances several claims that he says warrant a retrial...

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