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U.S. v. THOMAS

No. 02-20977.

348 F.3d 78 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Desmond THOMAS, also known as Eric Derrick Thomas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 10, 2003.

Attorney(s) appearing for the Case

Paula Camille Offenhauser, James Lee Turner and Vernon Lydell Lewis (argued), Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Richard B. Kuniansky (argued), Law Office of Richard Kuniansky, Houston, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and DENNIS, Circuit Judges, and HEAD, District Judge.

HEAD, District Judge:

Eric Desmond Thomas appeals his convictions for one count of conspiracy with intent to distribute cocaine base under 21 U.S.C. § 846 and one count of possession with intent to distribute cocaine base under 21 U.S.C. § 841 and his life sentence enhanced by 21 U.S.C. § 841(b)(1)(A). Thomas challenges his convictions on four grounds: (1) the district court refused to quash count one, which alleged a conspiracy without alleging the...

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