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UNITED STATES v. SMITH

No. 20-4290.

21 F.4th 122 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jabrell Craig SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 17, 2021.

Attorney(s) appearing for the Case

ARGUED: John Scott Coalter , COALTER LAW P.L.L.C, Greensboro, North Carolina, for Appellant. John McRae Alsup , OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. ON BRIEF: Matthew G.T. Martin , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge HARRIS joined. Judge WYNN wrote an opinion dissenting in part and dissenting from the judgment.

A jury convicted Jabrell Craig Smith of possessing heroin with intent to distribute and three offenses related to possessing a firearm. On appeal, Smith claims that the evidence against him should have been suppressed, that the district court abused its discretion in failing to give a lesser-included offense instruction...

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