BATCHELDER, J., delivered the opinion of the court, in which GIBBONS, J., joined. BOGGS, C.J. (pp. 566 - 569), delivered a separate opinion concurring in the judgment. OPINION ALICE M. BATCHELDER, Circuit Judge. On July 25, 2002, a federal grand jury returned an indictment charging Defendants-Appellees Kevin McClain, George Brandt III, and Jason Davis with conspiracy and substantive mariju…
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