United States v. George Dean, James Earl Cofer, Kenneth Dewayne Smith, and Kenneth Earl Flowers

EMILIO M. GARZA, Circuit Judge:

George Dean, James Earl Cofer, Kenneth Dewayne Smith, and Kenneth Earl Flowers were indicted by a federal grand jury on charges of conspiring to possess with intent to deliver crack cocaine, 1 possessing with intent to deliver crack cocaine, 2 and using or carrying a firearm during a drug trafficking crime. 3 Dean and Cofer were convicted on the drug counts, but acquitted on the weapons count; 4 Smith and Flowers were convicted on all three counts. 5 We affirm Dean, Cofer, Smith, and Flowers’ convictions, but vacate their sentences and remand for resentencing.

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