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U.S. v. WELLS

Nos. 00-10134, 00-10266.

262 F.3d 455 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Shenard Tyvon WELLS; Rodney W. Wells, Defendants-Appellants, UNITED STATES of America, Plaintiff-Appellee, v. Loletta Denise Scott, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 17, 2001.

Attorney(s) appearing for the Case

Marc Ian Osborne (argued), U.S. Dept. of Justice, Tax Div., Washington, DC, for Plaintiff-Appellee.

Phillip A. Linder Dallas, TX, F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Shenard Tyvon Wells.

Franklyn Ray Mickelsen, Jr. (argued), Broden & Mickelsen, Dallas, TX, for Rodney W. Wells.

James E. Polk, II (argued), Dallas, TX, for Loletta Denise Scott.

Before JONES, DeMOSS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This direct criminal appeal involves three appellants who were each convicted of one count of conspiracy to distribute cocaine base and one count of distribution of cocaine base. The appellants raise various arguments, including challenges to evidentiary rulings, jury instructions, and sentencing error. Because we find the erroneous admission of hearsay testimony against Loletta Scott was not harmless, we VACATE her convictions and REMAND...

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