COLE, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 825-26), delivered a separate dissenting opinion. OPINION COLE, Circuit Judge. Defendant-Appellant, Germaine Helton, pleaded guilty under a conditional plea agreement to one count of possession of crack cocaine with the intent to distribute in violation of 21 U.S.C. § 841…
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