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FAIR v. U.S.

No. 97-5876.

157 F.3d 427 (1998)

Buford Dale FAIR, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Fred E. Peters (briefed), Lexington, Kentucky, for Petitioner-Appellant.

James E. Arehart (briefed), Office of the U.S. Attorney, Lexington, Kentucky, for Respondent-Appellee.

Before: KRUPANSKY, NORRIS, and SILER, Circuit Judges.

OPINION

KRUPANSKY, Circuit Judge.

The petitioner-appellant, Buford Dale Fair ("Fair"), has moved under 28 U.S.C.A. § 22551 to vacate, set aside, or correct his sentence imposed following his May 12, 1988 jury conviction for one count of using and carrying firearms "during and in relation to" the commission of a drug trafficking offense.2 On August 8, 1998, the district court condemned Fair pursuant...

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