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U.S. v. SMITH

No. 95-4044.

91 F.3d 1199 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Andre D. SMITH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1996.

Attorney(s) appearing for the Case

James H. Phillips, Little Rock, AR, for appellant.

Lesa Bridges Jackson, Asst. U.S. Atty., Little Rock, AR, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and WOLLMAN and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Andre Smith appeals his convictions under 21 U.S.C. § 841(a) for possession with intent to distribute cocaine base and under 18 U.S.C. § 924(c) for using or carrying a firearm during and in relation to a drug trafficking offense. We affirm the conviction on the drug charge and reverse on the firearm charge.

The facts, viewed in the light most favorable to the jury verdict, see United States v. White,

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