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U.S. v. THOMAS

No. 91-8707.

987 F.2d 697 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Brian THOMAS, Floyd JOHNSON, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 5, 1993.

Attorney(s) appearing for the Case

Stephanie Ann Kearns, Federal Defender Program, Inc., Atlanta, Ga., for Thomas.

Emerson Carey, Jr., Atlanta, Ga., for Johnson.

Mary Jane Stewart, Asst. U.S. Atty., Atlanta, Ga., for the U.S.

Before KRAVITCH, Circuit Judge, CLARK, Senior Circuit Judge, and PITTMAN, Senior District Judge.

KRAVITCH, Circuit Judge:

Defendants Floyd Johnson ("Johnson") and Brian Thomas ("Thomas") appeal from their convictions for involvement in a cocaine transaction. We uphold Johnson's and Thomas's convictions on Count One for conspiracy to possess with intent to distribute but reverse Thomas's conviction on Count Two for aiding and abetting in the use of a firearm during the commission of a drug felony. In reversing Thomas's conviction, we hold that a defendant reserves...

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