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U.S. v. MUSCARELLO

No. 96-30591 Summary Calendar.

106 F.3d 636 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Frank J. MUSCARELLO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 1997.

Attorney(s) appearing for the Case

Stephen A. Higginson, Asst. U.S. Atty, New Orleans, LA, for plaintiff-appellant.

Ron S. Macaluso, John Garrison Jordan, Seale, Macaluso, Daigle & Ross, Hammond, LA, for defendant-appellee.

Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.

PER CURIAM:

In this direct criminal appeal, the government asks us to reverse the district court's dismissal of one count in a multi-count indictment to which Defendant-Appellee Frank J. Muscarello had pled guilty. Count Three charged Muscarello with knowingly using and carrying a firearm in relation to a drugtrafficking offense, in violation of 18 U.S.C. § 924(c)(1). Based on the presentence report (PSR), the court dismissed Count Three, to which Muscarello...

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