U.S. v. BENBROOK

No. 97-10308.

119 F.3d 338 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James Robert BENBROOK, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 1997.


Attorney(s) appearing for the Case

Michael Reuss Snipes, Assistant U.S. Attorney, Dallas, TX, for Plaintiff-Appellee.

James Robert Benbrook, Jr., Seagoville, TX, pro se.

Before KING, DUHÉ and WIENER, Circuit Judges.


WIENER, Circuit Judge:

Plaintiff-Appellant James Robert Benbrook, Jr. appeals his resentencing by the district court following a successful challenge to his 18 U.S.C. § 924(c) conviction. Finding no error, we affirm.

I.

FACTS AND PROCEEDINGS

A jury convicted Benbrook of unlawful possession of phenylacetic acid, in violation of 18 U.S.C. § 841(d)(2), and using a firearm during and in relation...

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