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U.S. v. COLLINS

No. 93-1670.

40 F.3d 95 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Benny Lavern COLLINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1995.

Attorney(s) appearing for the Case

Timothy W. Crooks, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for appellant.

Michael J. Uhl, Delonia A. Watson, Asst. U.S. Attys., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before POLITZ, Chief Judge, GOLDBERG and DUHÉ, Circuit Judges.

POLITZ, Chief Judge:

Benny Lavern Collins appeals his convictions for obstructing commerce by robbery1 and for using or carrying a firearm during a crime of violence.2 We affirm in part and reverse in part.

Background

On October 30, 1991, Collins robbed a Denny's restaurant in Dallas, Texas at gunpoint. Despite a high-speed chase and subsequent manhunt, Collins eluded authorities. Shortly...

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