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United States v. Smith

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Submitted: June 9, 2009

Before LOKEN, Chief Judge, JOHN R. GIBSON and GRUENDER, Circuit Judges.

Edward Lee Smith appeals his conviction and sentence for manufacturing and possessing with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Smith argues that the district court*fn1 erred in denying his motion to suppress evidence seized during a warrant search of his home because the warrant application failed to establish probable cause, and that his 120-month sentence violates the Double Jeopardy Clause because the district court increased the mandatory minimum sentence based on a prior conviction. We affirm.

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