United States Fifth Circuit

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US v. Cain, 05-30003

A conviction for drug and firearm offenses is affirmed over claims of error regarding jury instruction and sufficiency of the evidence, however, defendant's sentence is vacated pursuant to his claim of Booker sentencing error.

Appellate Information

  • Decided 02/15/2006
  • Published 02/16/2006


  • EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Brian Patrick Marcelle (argued), Stephen A. Higginson, Asst. U.S. Atty., New Orleans, LA, for U.S., Robert F. Barnard, Asst. Fed. Pub. Def. (argued), Robin Elise Schulberg, New Orleans, LA, for Cain.