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U.S. v. LUCIEN

No. 94-50393.

61 F.3d 366 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Cortney Anthony LUCIEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1995.

Attorney(s) appearing for the Case

Cornel A. Williams, Lewis & Williams, Houston, TX, for appellant.

Diane D. Kirstein and Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for appellee.

Before WISDOM, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant Cortney Anthony Lucien (Lucien) appeals his convictions, following a jury trial, of one count of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1) and one count of possession of a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c). We reverse and remand.

Facts and Proceedings Below

On September 5, 1989, local police...

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