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U.S. v. HALL

No. 93-3183.

20 F.3d 1084 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory R. HALL, a/k/a Don Cusick, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 1994.

Attorney(s) appearing for the Case

David M. Lind (Randall K. Rathbun, U.S. Atty., Kim M. Fowler, Asst. U.S. Atty., on the brief), Asst. U.S. Atty., D. Kan., Wichita, KS, for plaintiff-appellant.

Daniel E. Monnat of Monnat & Spurrier, Wichita, KS, for defendant-appellee.

Before LOGAN, BRORBY, Circuit Judges, and SEAY, District Judge.

SEAY, District Judge.

The government appeals the district court's pretrial dismissal of Count V of a third superseding indictment charging Gregory R. Hall, a/k/a Don Cusick, with having knowingly used or carried a Glock 17 semiautomatic pistol during and in relation to a drug trafficking offense, namely, a conspiracy to possess cocaine with intent to distribute, in violation of 18 U.S.C. § 924(c)(1). In seeking the reversal of the district court's order and the...

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