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U.S. v. PHIPPS

No. 02-10102.

319 F.3d 177 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Shane PHIPPS and Dean Rayburn Gilley, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 15, 2003.

Attorney(s) appearing for the Case

Nancy E. Larson, Asst. U.S. Atty. (argued), Fort Worth, TX, for Plaintiff-Appellee.

Lawrence Brown (argued), The Brown Firm, Fort Worth, TX, for Phipps.

Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Gilley.

Before JONES, SMITH and SILER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Michael Phipps and Dean Gilley appeal several aspects of their kidnaping, carjacking, and firearms convictions and sentences. Because 18 U.S.C. § 924(c)(1) does not unambiguously authorize their multiple convictions for a single use of a single firearm based on multiple predicate offenses, we vacate the sentences and remand for resentencing on all counts after one of the § 924(c)(1) counts is dismissed.

I.

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