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U.S. v. HENDERSON

No. 92-8538.

75 F.3d 614 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Louis HENDERSON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 16, 1996.

Attorney(s) appearing for the Case

James P. Fleissner, Mercer Law School, Macon, GA, for appellant.

John Lynch, Asst. U.S. Atty., Macon, GA, for appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and HILL, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this Sentencing Guidelines appeal, we hold that a defendant convicted of possession with intent to distribute cocaine under 21 U.S.C. § 841(a)(1) and with use of a firearm during the commission of a drug offense under 18 U.S.C. § 924(c) may not be subjected to an enhancement of the sentence for the drug offense because the defendant possessed more than one firearm. We vacate the sentences...

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