United States v. Payne

DeMOSS, Circuit Judge:

We consider three consolidated appeals from five individuals convicted of various counts of conspiracy to distribute, and distribution of, cocaine base (“crack”) in the Lake Charles, Louisiana area. Two of the defendants were also convicted of using a firearm in relátion to a drug-trafficking transaction. The government admits that the firearm convictions cannot stand in fight of Bailey v. United States, — U.S.-, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995); accordingly, we reverse the firearm convictions and vacate the sentences on those counts. Finding that the evidence is…