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UNITED STATES v. STARKS

No. 19-3256.

34 F.4th 1142 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Devonte Jemell STARKS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED May 27, 2022.

Attorney(s) appearing for the Case

Paige A. Nichols , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with her on the briefs), Office of the Kansas Federal Public Defender, Topeka, Kansas, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Duston J. Slinkard , Acting United States Attorney, with him on the brief), Office of the United States Attorney, District of Kansas, Topeka, Kansas, for Plaintiff-Appellee.

Before HOLMES, Circuit Judge, LUCERO, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

Devonte Starks appeals from his convictions for possession with intent to distribute fentanyl and possession with intent to distribute heroin. The central question that we must address is whether Mr. Starks's conviction can be upheld after the government advised the jury in its closing argument

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