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United States of America v. Ronald L. Smithand Kevinbaker

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ARGUED SEPTEMBER 16, 2011

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

Ronald L. Smith and Kevin Baker were convicted of conspiracy to possess with intent to distribute and to distribute, and attempted possession of five kilograms of cocaine. Baker was also convicted of using a telephone in commission of the conspiracy. The defendants appeal the district court’s denial of their motion for a new trial which was based on the government’s surprise disclosure of the identity of its confidential informant. Smith also appeals his sentence, arguing that the court based a three-level increase under U.S.S.G. § 3B1.1(b) only on unreliable testimony. Finding no error requiring remand, we affirm.

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