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U.S. v. HAYES

No. 02-30793.

342 F.3d 385 (2003)

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

United States Court of Appeals, Fifth Circuit.

August 6, 2003.

Attorney(s) appearing for the Case

Matthew M. Coman (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Virginia Laughlin Schlueter, Fed. Pub. Def., Robin Elise Schulberg (argued), New Orleans, LA, for Defendant-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

James Hayes ("Hayes," aka Candy Man) appeals his conviction for conspiring to distribute more than fifty grams of cocaine base ("crack cocaine") in violation of 21 U.S.C. §§ 841(a)(1) and 846. On appeal, Hayes argues that (1) his prior felony convictions do not render him a career offender under the Sentencing Guidelines; (2) there was insufficient evidence to support a finding that he conspired to distribute more than fifty...

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