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U.S. v. DUKES

No. 97-50120.

139 F.3d 469 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James Clayton DUKES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 1998.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., Michael W. McCrum, San Antonio, TX, for Plaintiff-Appellee.

Charles B. Gorham, San Antonio, TX, for Dukes.

Before KING, BARKSDALE and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Defendant-Appellant James Clayton Dukes ("Dukes") appeals his conviction after jury trial on a three count indictment for 1) aiding and abetting distribution of cocaine base within one thousand feet of a school (a violation of 21 U.S.C. §§ 841(a)(1) & 860), 2) possessing with intent to distribute cocaine base (a violation of 21 U.S.C. § 841(a)(1)), and 3) conspiring to distribute...

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