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U.S. v. FOY

No. 92-8516.

28 F.3d 464 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Daverne M. FOY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit

August 2, 1994.

Attorney(s) appearing for the Case

George B. Butts, (court-appointed), John C. Emerson, Austin, TX, for defendant-appellant.

Richard L. Durbin, Jr., Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., James H. DeAtley, San Antonio, TX, for plaintiff-appellee.

Before GARWOOD, SMITH and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant, Daverne M. Foy (Foy), convicted of a firearms offense and several drug offenses, appeals his convictions and sentence, asserting numerous errors by the district court and that the evidence is insufficient to sustain his conviction of the conspiracy and firearms offenses. We vacate and remand.

Facts and Proceedings Below

At approximately 2:00 p.m. on August 7, 1991, Austin, Texas police officer Randall...

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