Court of Appeals for the Sixth Circuit December 8, 1995, 94-1766 (United States v. James Erwin, Jr.)

*219MATIA, District Judge, delivered the opinion of the court, in which JONES, J., joined. RYAN, J. (pp. 223-26), delivered a separate dissenting opinion.

MATIA, District Judge.

Defendant-appellant, James Erwin, Jr., appeals his conviction entered after he pleaded guilty to possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1).