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U.S. v. MIMS

Nos. 95-2582, 95-2620.

92 F.3d 461 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edward L. MIMS and Cleveland J. McDade, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1996.

Attorney(s) appearing for the Case

Ranley R. Killian, Jr. (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for the U.S. in No. 95-2582.

David M. Williams, Fairfield, IL, for Edward L. Mims in No. 95-2582.

Thomas Edward Leggans, Ranley R. Killian, Jr. (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for the U.S. in No. 95-2620.

John J. O'Gara, Jr. (argued), Trentman & O'Gara, Belleville, IL, for Cleveland J. McDade and Edward L. Mims in No. 95-2620.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Defendants McDade and Mims were charged with various offenses related to an alleged conspiracy to distribute cocaine. Both were convicted of conspiracy to distribute, 21 U.S.C. § 846, and possession with intent to distribute, 21 U.S.C. § 841(a)(1), cocaine base and of using or carrying a firearm during a drug trafficking offense, 18 U.S.C. § 924(c). The conviction for using or carrying was based on an incident in which Mims bartered...

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