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U.S. v. BOOKER

No. 02-40525.

334 F.3d 406 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Donnie Darrell BOOKER, et al., Defendants, Donnie Darrell Booker, and Pablo Ruiz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 11, 2003.

Attorney(s) appearing for the Case

Heather Harris Rattan, Asst. U.S. Atty. (argued), Plano, TX, for Plaintiff-Appellee.

Joe J. Monsivais, Asst. Federal Public Defender (argued), Amy R. Blalock, Asst. Federal Public Defender, Tyler, TX, for Booker.

Richard Earle Weaver (argued), McKinney, TX, for Ruiz.

Before JONES and BENAVIDES, Circuit Judges, and KAZEN, District Judge.

KAZEN, Chief Judge:

A 24-count indictment was returned against 16 defendants, including appellants Donnie Darrell Booker ("Booker") and Pablo Ruiz ("Ruiz"), as well as John Catlin, Sr., and Cedric Catlin. Count 1 of the indictment charged all of the defendants with conspiracy to distribute 50 grams or more of cocaine base ("crack cocaine" or "crack"), in violation of 21 U.S.C. § 846. Booker was also charged in counts 7, 13 and 17 with distributing crack cocaine...

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