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U.S. v. MILLER

Nos. 93-2451, 93-2936.

23 F.3d 194 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick MILLER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Calvin WALLACE, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1994.

Rehearing Denied April 29, 1994.

Attorney(s) appearing for the Case

Gregory G. Fenlon, St. Louis, MO, argued, for appellant Calvin Wallace.

James Delworth, St. Louis, MO, argued (Edward L. Dowd, Jr. and James C. Delworth, on the brief), for appellee.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Derrick Miller and Calvin Wallace were convicted of conspiracy to possess cocaine and marijuana with intent to distribute in violation of 21 U.S.C. § 846 (1988). In addition, Miller was convicted of carrying a firearm during a drug trafficking offense. 18 U.S.C. § 924(c) (1988). We vacate the defendants' convictions for conspiracy to possess with intent to distribute and remand to the district court with instructions...

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