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U.S. v. HILLARY

No. 96-7463.

106 F.3d 1170 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Mister T. HILLARY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 14, 1997.

Attorney(s) appearing for the Case

ARGUED: Brent Jefferson Gurney, Assistant United States Attorney, Greenbelt, Maryland, for Appellant. Denise Charlotte Barrett, Assistant Federal Public Defender, Baltimore, Maryland, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Greenbelt, Maryland, for Appellant. James K. Bredar, Federal Public Defender, Baltimore, Maryland, for Appellee.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge HALL wrote the opinion, in which Judge ERVIN and Senior Judge BUTZNER joined.

K.K. HALL, Circuit Judge:

The United States appeals an order of the district court denying its request that the defendant be resentenced on a surviving drug conviction after being granted relief from his 18 U.S.C. § 924(c) firearms "use" conviction in light of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L...

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