United States v. Smith

OPINION

GILMAN, Circuit Judge.

Ivan J. Smith was arrested by undercover police officers in June of 2001 when he attempted to regain possession of his lost gym bag that contained powder cocaine. A month later, Smith was arrested again after he was shot in the arm by an un known assailant, and the police investigating the crime discovered crack cocaine in his car and powder cocaine in a nearby garbage dumpster. Smith was thereafter indicted and convicted of attempted possession of more than 500 grams of powder cocaine with the intent to distribute, and of actual possession of more than 500 grams…