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UNITED STATES v. BARBER

No. 78-1915.

594 F.2d 1242 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne BARBER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 2, 1979.

Attorney(s) appearing for the Case

John J. Robinson, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Bruce R. Castetter, Asst. U. S. Atty. (ar-

Sheldon Sherman (argued), San Diego, Cal., for defendant-appellant.

Before ELY and HUFSTEDLER, Circuit Judges, and LYDICK, District Judge.

HUFSTEDLER, Circuit Judge:

Barber appeals from his conviction for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846, and for unlawfully carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924(c)(2). Barber contends that the evidence was insufficient to sustain his conviction for violating 18 U.S.C. § 924(c)(2) because the Government failed adequately to prove that...

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