U.S. v. McCALL

No. 07-51456.

553 F.3d 821 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Rafi Wali McCALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2008.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer (argued), San Antonio, TX, for U.S.

Thomas S. Morgan (argued), Law Office of Thomas S. Morgan, Midland, TX, for McCall.

Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Rafi Wali McCall was charged in a two-count indictment with twice distributing 50 or more grams of cocaine base ("crack") to Erma Williams and for doing so both times within 1000 feet of a school. A jury convicted McCall on both counts, finding that he violated 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 860. McCall timely appealed those convictions, advancing four reasons...

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