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U.S. v. TUCKER

Nos. 95-1160, 95-1187 and 95-1220.

90 F.3d 1135 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Chauncy Adam TUCKER (95-1160); Calvin Miller, Jr. (95-1187); and Anthony Darrick McCoy (95-1220), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Jeffery J. Davis (argued and briefed), Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, MI, for the U.S.

Craig A. Frederick (argued and briefed), Grand Rapids, MI, for Chauncy Adam Tucker.

Joseph H. Doele (argued and briefed), Idema & Keyser, Grand Rapids, MI, Craig A. Frederick (argued and briefed), Grand Rapids, MI, Judy E. Bregman (briefed), Bregman & Welch, Grand Haven, MI, for Calvin Miller, Jr.

Joseph H. Doele (argued and briefed), Idema & Keyser, Grand Rapids, MI, for Anthony Darrick McCoy.

Before: LIVELY, MARTIN, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Appellants Chauncy Adam Tucker, Calvin Miller, Jr., and Anthony Darrick McCoy challenge their convictions and sentences arising from their participation in a drug trafficking conspiracy. We find their constitutional claims meritless but reverse those convictions that have to do with using or carrying a firearm during a drug trafficking crime and remand for resentencing on firearm possession and quantity issues.

I. Background

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