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U.S. v. VALLE

No. 95-1832.

72 F.3d 210 (1995)

UNITED STATES of America, Appellee, v. Roberto VALLE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

William J. Murphy, Providence, RI, for appellant.

Margaret E. Curran, Assistant United States Attorney, with whom Sheldon Whitehouse, United States Attorney, and Kenneth P. Madden, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

SELYA, Circuit Judge.

Defendant-appellant Roberto Valle challenges his convictions for possession of cocaine with intent to distribute, see 21 U.S.C. § 841(a)(1) & (b)(1)(B), and use of a firearm during and in relation to a drug trafficking crime, see 18 U.S.C. § 924(c). We affirm the drug trafficking conviction but reverse the firearms conviction.

I. BACKGROUND

On April 17, 1991, nine law enforcement officers converged...

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