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U.S. v. BAKER

No. 95-2788.

78 F.3d 1241 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Nikolaos B. BAKER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1996.

Attorney(s) appearing for the Case

David H. Miller (argued), Office of the United States Attorney, Fort Wayne, IN, for Plaintiff-Appellee.

Donald C. Swanson, Jr. (argued), Swanson & Campbell, Fort Wayne, IN, for Defendant-Appellant.

Before POSNER, Chief Judge, and BAUER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Nikolaos Baker's conviction, on charges of possessing crack cocaine with intent to distribute and using or carrying a firearm in relation to a drug trafficking crime under 18 U.S.C. § 924(c)(1), and this appeal straddle the decision last December by the United States Supreme Court in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995).

Because firearm charges under § 924(c) are a staple...

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