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As amended August 17, 2001.

Appeal from the United States District Court for the Northern District of Texas

This direct criminal appeal involves three appellants who were each convicted of one count of conspiracy to distribute cocaine base and one count of distribution of cocaine base. The appellants raise various arguments, including challenges to evidentiary rulings, jury instructions, and sentencing error. Because we find the erroneous admission of hearsay testimony against Loletta Scott was not harmless, we VACATE her convictions and REMAND for further proceedings. With respect to Rodney Wells, we find the submission of a deliberate ignorance instruction was harmless error, and AFFIRM his convictions. Finally, we conclude that Shenard Wells has not established a presumption of prosecutorial vindictiveness and thus AFFIRM his sentence.

 
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