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U.S. v. BLANKENSHIP

No. 90-1093 Summary Calendar.

923 F.2d 1110 (1991)

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

United States Court of Appeals, Fifth Circuit.

February 4, 1991.

Attorney(s) appearing for the Case

Christopher Lee Milner, Gardere & Wynne (Court-appointed), Dallas, Tex., for defendant-appellant.

Candina S. Heath, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, POLITZ, and DAVIS, Circuit Judges.

THORNBERRY, Circuit Judge:

A jury convicted Jackie Wayne Blankenship on two separate counts for being a felon in possession of a .357 magnum caliber revolver and for using that revolver while committing a drug trafficking offense. He appeals that conviction for a variety of reasons: that there was insufficient evidence to convict him, that the trial court erred by authorizing the jury to convict him under a theory for which he was not indicted, that the key witness...

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