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U.S. v. PHELPS

No. 88-5294.

877 F.2d 28 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Mark PHELPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1989.

Attorney(s) appearing for the Case

Kenneth D. Noel, San Diego, Cal., for defendant-appellant.

Tom Stahl, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before WRIGHT, FARRIS and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Again, we must determine legislative intent in the drafting and modification of a federal penal statute. Title 18 § 924(c)(1) (1982 & Supp. V. 1987) reads:

Whoever, during and in relation to any crime of violence or drug trafficking crime ..., uses or carries a firearm, shall ... be sentenced to imprisonment for five years, and if the firearm is a machinegun [sic], ..., to imprisonment for ten years...

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