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U.S. v. THOMAS

No. 95-3940.

93 F.3d 479 (1996)

UNITED STATES of America, Appellee, v. Shaun THOMAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Lorraine Snead Ingels, argued, Cedar Rapids, IA, for appellant.

Richard Louis Murphy, Asst. U.S. Atty., argued, Cedar Rapids, IA, for appellee.

Before MAGILL, Circuit Judge, HENLEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

MAGILL, Circuit Judge.

Shaun Thomas appeals his conviction of possession with intent to distribute more than five grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1) (1994), and of using and carrying a firearm during and in relation to a felony drug trafficking crime, in violation of 18 U.S.C. § 924(c) (1994). Because there was insufficient evidence to establish that Thomas violated 18 U.S.C. § 924(c), we vacate his conviction on that count...

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