U.S. v. BROWN

No. 94-50823. Summary Calendar.

71 F.3d 1158 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Roy Edward BROWN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1995.


Attorney(s) appearing for the Case

Danny Ashby (court-appointed), Roberts & Ashby, Dallas, TX, for appellant.

Richard L. Durbin, Jr., Margaret F. Leachman, Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for appellee.

Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge.

Roy Edward Brown appeals his conviction of possession with intent to distribute 50 or more grams of crack cocaine on Fed.R.Evid. 404(b) grounds. We reverse.

I

A grand jury issued a superseding indictment charging Mr. Brown of two drug crimes. Count One charged Mr. Brown of possession of crack with intent to distribute, and Count Two alleged distribution of crack. The possession charge arose out of events occurring...

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