BARRETT, Circuit Judge.
Sudduth was convicted by a jury on one count of a two-count indictment charging him with selling heroin not in pursuance of a written order in violation of 26 U.S.C. § 4705(a). Count II charged him with carrying a firearm "unlawfully" during the commission of a felony charged in Count I in violation of 18 U.S.C. § 924(c). Count II was dismissed by the trial court on the ground that it did not state a separate crime. The Government...
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