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UNITED STATES v. BERNAL

No. 83-1035.

719 F.2d 1475 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso BERNAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 10, 1983.

Attorney(s) appearing for the Case

William K. Shipley and Hector C. Perez, Shipley & Perez, Newport Beach, Cal., for defendant-appellant.

Donald J. Campbell, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before MERRILL, CHOY, and NORRIS, Circuit Judges.

CHOY, Circuit Judge:

Alfonso Bernal was convicted of conspiracy to possess and distribute cocaine (18 U.S.C. § 371, 21 U.S.C. § 841(a)(1)), attempt to distribute cocaine (18 U.S.C. § 2, 21 U.S.C. §§ 841(a)(1), 846), and unlawfully carrying a firearm during the commission of a felony (18 U.S.C. § 924(c)(2)). Concurrent sentences were imposed. We affirm the drug convictions but reverse the firearm conviction.

I. STATEMENT OF FACTS...

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