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UNITED STATES v. McGEE

No. 20-5047.

992 F.3d 1035 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Malcom Derome McGEE, Defendant-Appellant. Kansas Federal Public Defenders, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 29, 2021.

Attorney(s) appearing for the Case

Susan L. Champion ( Michael S. Romano , on the briefs), Three Strikes Project, Stanford Law School, Stanford, California, appearing for Appellant.

Leena Alam , Assistant United States Attorney ( R. Trent Shores , United States Attorney, with her on the brief), Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, Oklahoma, appearing for Appellee.

Melody Brannon , Federal Public Defender, and Kayla Gassmann , Appellate Attorney, Office of the Federal Public Defender for the District of Kansas, Kansas City, Kansas, on the brief for Amicus Curiae.

Before MORITZ, SEYMOUR, and BRISCOE, Circuit Judges.

In November 2000, defendant Malcom McGee was convicted by a jury of three criminal counts: (1) conspiracy to possess with intent to distribute one kilogram or more of a mixture of substance containing a detectable amount of PCP, in violation of 21 U.S.C. § 846; (2) causing another person to possess with intent to distribute...

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