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U.S. v. MORROW

Nos. 89-5418, 89-5708 and 89-5710.

977 F.2d 222 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Wayne MORROW (89-5418/5708) and George Mooneyham (89-5710), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1992.

Attorney(s) appearing for the Case

James R. Dedrick, Asst. U.S. Atty. (argued and briefed), Jerry G. Cunningham, U.S. Atty., Office of U.S. Atty., Knoxville, Tenn., for plaintiff-appellee.

Anthony Philip Lomonaco (argued and briefed), Vaughan & Zuker, Knoxville, Tenn., for defendant-appellant George Mooneyham.

A. Benjamin Strand, Strand & Goddard, Edward C. Miller (argued & briefed), Dandridge, Tenn., for defendant-appellant Timothy Wayne Morrow.

Before: MERRITT, Chief Judge; and KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

SUHRHEINRICH, Circuit Judge.

In a prior decision in this case, a three-member panel of this Court ruled that instructions defining the element of carrying a firearm "in relation to" a drug trafficking offense pursuant to 18 U.S.C. § 924(c) failed to inform the jury that the crime required proof of a relationship between the weapon and the drug offense. It therefore reversed defendant Mooneyham's conviction on that count and vacated defendant Morrow's conviction...

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