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U.S. v. HASTINGS

Nos. 94-5670, 94-5756, 94-5841, 95-5078.

134 F.3d 235 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Ervis Lamont HASTINGS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mitchell Ivan BOLDER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Vivian Mae RENFRO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Michael PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1998.

Attorney(s) appearing for the Case

ARGUED: John Stuart Bruce, Deputy Federal Public Defender, Greensboro, North Carolina, for Appellant Phillips; Theofanis Xenophon Nixon, Goodman, Carr, Nixon, Laughrun & Levine, Charlotte, North Carolina, for Appellant Bolder; Edward Anthony Fiorella, Jr., Harkey, Lambeth, Nystrom & Fiorella, Charlotte, North Carolina, for Appellant Hastings; Rodney Shelton Toth, Charlotte, North Carolina, for Appellant Renfro. Robert James Conrad, Jr., Assistant United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Mark T. Calloway, United States Attorney, Charlotte, North Carolina, for Appellee.

Before MURNAGHAN and WILKINS, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Judge WILKINS wrote the opinion, in which Judge MURNAGHAN and Judge HERLONG joined.

OPINION

WILKINS, Circuit Judge:

James Michael Phillips appeals his convictions and sentence for using or carrying a firearm during and in relation to a drug trafficking offense, see 18 U.S.C.A. § 924(c)(1) (West Supp.1997); conspiracy to possess with the intent to distribute cocaine and cocaine...

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