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U.S. v. CAIN

No. 05-30003.

440 F.3d 672 (2006)

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

United States Court of Appeals, Fifth Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Brian Patrick Marcelle (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for U.S.

Robert F. Barnard, Asst. Fed. Pub. Def. (argued), Robin Elise Schulberg, New Orleans, LA, for Cain.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

James Cain appeals his jury conviction and sentence for possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (Count 1), possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (Count 2), and using, carrying, and brandishing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (Count...

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