U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza)
Here the Court expressly overruled U.S. v. Fike, 82 F.3d 1315 and U.S. v. Brown, 102 F.3d 1390.
Here the en banc court held that an erroneous pre-Bailey instruction on the "use" of a gun during a drug traficking offense was harmless error, since the jury necessarily found that the ...
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