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U.S. v. GADISON

No. 92-4218.

8 F.3d 186 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Terrence GADISON and Earnest Eugene Ferrell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 15, 1993.

Attorney(s) appearing for the Case

Gary M. Polland, and Stephen Morris, Houston, TX (court-appointed), for Gadison.

Charles M. Meadows, Jr., Dallas, TX (court-appointed), for Ferrell.

Earnest E. Ferrell, pro se.

Tom Kiehnhoff, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Beaumont, TX, for U.S.

Before KING and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.

DUPLANTIER, District Judge:

Defendants Terrence Gadison and Earnest Eugene Ferrell were convicted of conspiracy to distribute more than 50 grams of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) & 846. They both appeal their convictions and sentences. We affirm Gadison's conviction but vacate his sentence and remand for resentencing. We affirm Ferrell's conviction and sentence.

I. Sufficiency of the Evidence.

Both defendants contend...

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