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U.S. v. PAYNE

Nos. 95-30421, 95-30478 and 95-31277.

99 F.3d 1273 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth O. PAYNE; Tommy Rigmaiden; Elijah Martin, Jr., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Timothy Wayne RIGMAIDEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Frederick CAPTAIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 11, 1996.

Attorney(s) appearing for the Case

Cristina Walker, Josette Louise Cassiere, Assistant U.S. Attorneys, Office of the United States Attorney, Shreveport, LA, for plaintiff-appellee.

Valerie Gotch Garrett, Lafayette, LA, for Kenneth O. Payne, defendant-appellant.

Daniel James Stanford, Stanford Law Office, Eunice, LA, for Tommy Rigmaiden, defendant-appellant.

Rebecca L. Hudsmith, Office of the Federal Public Defender, Lafayette, LA, for Elijah Martin, Jr., defendant-appellant.

Brett L. Grayson, Department of Justice, U.S. Attorney's Office, Lafayette, LA, for U.S. in No. 95-31277.

Frederick Captain, Oakdale, LA, pro se.

Before REYNALDO G. GARZA, JOLLY and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

We consider three consolidated appeals from five individuals convicted of various counts of conspiracy to distribute, and distribution of, cocaine base ("crack") in the Lake Charles, Louisiana area. Two of the defendants were also convicted of using a firearm in relation to a drug-trafficking transaction. The government admits that the firearm convictions cannot stand in light of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133...

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