No. 05-10247.

527 F.3d 396 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Gene HARPER; Jimmie Clyde Collins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 8, 2008.

Attorney(s) appearing for the Case

Renee Harris Toliver (argued), Nancy E. Larson, Asst. U.S. Atty., Bret E. Helmer, Fort Worth, TX, Kathleen A. Felton, U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.

Donel Lee Davidson (argued), Bedford, TX, for Harper.

Before KING, DeMOSS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

We granted rehearing and withdrew our prior opinion, which had been issued January 17, 2008. We substitute the following opinion.

Ronald Gene Harper and Jimmie Clyde Collins were tried jointly and convicted by a jury of conspiracy, controlled substance offenses, and weapons offenses. Neither testified at trial. In this direct criminal appeal, Harper appeals his conviction and sentence, claiming...

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