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U.S. v. CRAIN

No. 93-1331.

33 F.3d 480 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Charles CRAIN and Tony Watkins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 19, 1994.

Attorney(s) appearing for the Case

Jim Aldridge (Court-appointed), Chappell, Lanehart & Aldridge, P.C., Lubbock, TX, for Crain.

Ronnie L. Agnew (Court-appointed), McWhorter, Cobb & Johnson, L.L.P., Lubbock, TX, for Watkins.

William B. Mateja, Tanya K. Northrup, Asst. U.S. Attys., Richard H. Stephens, U.S. Atty., Lubbock, TX, for appellee.

Before JOHNSON, BARKSDALE and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Defendant-appellants Charles Crain and Tony Watkins were convicted by a jury for conspiracy to possess and possession of cocaine base with the intent to distribute. We affirm Watkins' convictions and sentence on both counts, and we affirm Crain's conspiracy conviction. However, we reverse Crain's possession conviction as not supported by sufficient evidence, and we vacate Crain's sentence and remand his case to the trial court for resentencing...

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