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U.S. v. MOORE

No. 91-2723.

958 F.2d 646 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Delaskio MOORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 1992.

Attorney(s) appearing for the Case

Tony Aninao, Houston, Tex. (court appointed), for defendant-appellant.

Edward Gallagher, III, Peggy Morris Ronca, Paula Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for U.S.

Before WILLIAMS and WIENER, Circuit Judges, and LITTLE, District Judge.

LITTLE, District Judge:

Curtis Delaskio Moore appeals his conviction on one count of assaulting a federal officer with a deadly weapon in violation of 18 U.S.C. § 111, and one count of using a firearm during the commission of a predicate felony in violation of 18 U.S.C. § 924(c). We affirm the convictions and remand for resentencing.

I. FACTS

On the night of 13 April 1990, agents of the Houston...

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