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U.S. v. BROWN

No. 95-31000.

161 F.3d 256 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Lewis BROWN, also known as Goat, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1998.

Attorney(s) appearing for the Case

Josette Louise Cassiere, Asst. U.S. Atty., Kelly A. Pomes, William Joseph Flanagan, James G. Cowles, Jr., Asst. U.S. Atty., Shreveport, LA, for Plaintiff-Appellee.

Daryl F. Gold, Shreveport, LA, for Defendant-Appellant.

Before POLITZ, Chief Judge, and REYNALDO G. GARZA, KING, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

We granted rehearing en banc as to count twenty-four, which alleged violation of 18 U.S.C. § 924(c)(1), to consider whether to adopt a harmless error rule in cases in which a jury convicts a defendant under an erroneous pre-Bailey "use" instruction.

I

Defendant, Alfred Brown, supplied drugs to the Bottoms Boys, a street gang in Shreveport, Louisiana. Police conducted a lengthy investigation of the...

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