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U.S. v. MOORE

No. 91-3182.

958 F.2d 310 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. William J. MOORE, a/k/a Billy Moore, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 1992.

Attorney(s) appearing for the Case

J. Steven Schweiker, Overland Park, Kan., for defendant-appellant.

Tanya J. Treadway, Asst. U.S. Atty., Kansas City, Kan. (Lee Thompson, U.S. Atty., and Julie A. Robinson, Asst. U.S. Atty., on the brief), for plaintiff-appellee.

Before HOLLOWAY, MOORE and BRORBY, Circuit Judges.

HOLLOWAY, Circuit Judge.

The basic question presented by this appeal is whether a defendant may be determined to have two separate convictions under 18 U.S.C. § 924(c)(1) on two counts charging him with using weapons during and in relation to one underlying drug trafficking offense if the sentences on the two § 924(c) convictions are made to run concurrently. We hold that under the proper interpretation of the statute, there can be only one violation and...

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