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U.S. v. TOLLIVER

Nos. 93-3873, 93-3877.

116 F.3d 120 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Sylvester TOLLIVER, et al., Defendants, Noah Moore, Jr., Glenn Metz, and Shane Sterling, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1997.

Attorney(s) appearing for the Case

Packard E. Phillips (Court-appointed), New Orleans, LA, for Shane Sterling.

M. Craig Colwart, New Iberia, LA, for Noah Moore, Jr.

Noah Moore, Jr., Manchester, KY, pro se.

Marilyn Gainey Mitchell, Frank Marine, U.S. Department of Justice/OCRS, Criminal Division, Washington, DC, for U.S.

Before LAY, DUHÉ and DeMOSS, Circuit Judges.

ON REMAND FROM THE UNITED STATES SUPREME COURT

DUHÉ, Circuit Judge:

Defendants were convicted of federal drug offenses arising from a narcotics conspiracy and gang war in New Orleans, Louisiana. Six of these eight Defendants, viz., Gennero Arthur, Gerald Elwood, Marlo Helmstetter, Glenn Metz, Noah Moore, Jr., and Shane Sterling, were also convicted of violating 18 U.S.C. § 924(c)(1), which punishes any person who uses or carries a firearm...

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