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U.S. v. BAPTISTE

No. 99-31027.

264 F.3d 578 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford BAPTISTE, Christopher Frank, LeShawn Parker, Garion McCoy, Brian Anthony Jones, Percy Franklin and Rico Schexnayder Defendants-Appellants,

United States Court of Appeals, Fifth Circuit.

August 31, 2001.

Attorney(s) appearing for the Case

Robert J. Boitmann, Asst. U.S. Atty. (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Dane S. Ciolino (argued), Loyola Law School, New Orleans, LA, for Baptiste.

Birch P. McDonough, McDonough & McDonough, New Orleans, LA, for Frank.

John H. Craft, Asst. Fed. Pub. Def. (argued), New Orleans, LA, for Parker.

Archie B. Creech (argued), Law Office of Salvador Anzelmo, New Orleans, LA, for McCoy.

Edwin Rene Murray, Murray, Darnell & Williams, New Orleans, LA, for Jones.

Laurie Anne White (argued), New Orleans, LA, for Franklin.

George Chaney, Jr. (argued), Gina Marie Recasner, Chaney & Recasner, New Orleans, LA, for Schexnayder.

Before KING, Chief Judge, and REAVLEY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellants Clifford Baptiste, Christopher Frank, Percy Franklin, Brian Jones, LeShawn Parker, Garion McCoy, and Rico Schexnayder challenge their convictions for firearm and drug-related crimes. We affirm their convictions, but, applying this circuit's interpretation of Apprendi v. New Jersey, reverse their sentences and remand for resentencing.1

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