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U.S. v. LARKIN

No. 96-3619.

118 F.3d 1253 (1997)

UNITED STATES of America, Appellant, v. Donald LARKIN, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1997.

Rehearing and Suggestion for Rehearing Denied August 18, 1997.

Attorney(s) appearing for the Case

Thomas J. Mehan, Assistant United States Attorney, St. Louis, MO, argued (Edward L. Dowd, Jr., on the brief), for appellant.

Ilene A. Goodman, Assistant Federal Public Defender, St. Louis, MO, argued, for appellee.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 18, 1997.

WOLLMAN, Circuit Judge.

The United States appeals the district court's order vacating Donald Larkin, Jr.'s conviction and sentence for using or carrying a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). We reverse and remand.

I.

In January of 1995, a confidential informant notified St. Louis police officers that a black male known as...

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