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U.S. v. CYPRIAN

No. 98-30709.

197 F.3d 736 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Scott CYPRIAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1999.

Attorney(s) appearing for the Case

Michael Frederick Walther, Stephen A. Higginson, Assistant U.S. Attorney (argued), New Orleans, LA, for Plaintiff-Appellee.

Carl Perkins (argued), Covington, LA, for Defendant-Appellant.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether throwing a three-year-old child toward arresting officers, in an attempt to avoid apprehension for drug trafficking, falls within the "child-use" conduct proscribed by 21 U.S.C. § 861(a)(2) (unlawful to "use . . . a person under eighteen years of age to assist in avoiding ... apprehension for" drug trafficking). Convicted by a jury for conspiracy to possess with intent to distribute cocaine...

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