United States v. Foy

GARWOOD, Circuit Judge:

Defendant-appellant, Daverne M. Foy (Foy), convicted of a firearms offense and several drug offenses, appeals his convictions and sentence, asserting numerous errors by the district court and that the evidence is insufficient to sustain his conviction of the conspiracy and firearms offenses. We vacate and remand.

Facts and Proceedings Below

At approximately 2:00 p.m. on August 7, 1991, Austin, Texas police officer Randall Milstead (Milstead) met with a confidential informant and arranged a “controlled buy” of two rocks of cocaine (commonly known as “crack”) from apartment…