RYAN, J., delivered the opinion of the court, in which BERTELSMAN, D.J., joined. NATHANIEL R. JONES, J. (pp. 261-63), delivered a separate dissenting-opinion. RYAN, Circuit Judge. A jury convicted defendant, Garland Thomas, Sr., on one count of distributing cocaine base, in violation of 21 U.S.C. §-841(a)(1), and one count of possession of cocaine base with intent to distribute, also in violation of <span…
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