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U.S. v. ABREU

Nos. 89-4145, 89-5166 and 89-5173.

962 F.2d 1447 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Orestes Luciano ABREU, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James David THORNBRUGH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 13, 1992.

Attorney(s) appearing for the Case

David K. Smith, Midvale, Utah, filed a brief, for defendant-appellant Abreu.

Paul M. Warner, Acting U.S. Atty., and Wayne T. Dance, Asst. U.S. Atty., Salt Lake City, Utah, and Robert J. Erickson, Atty., Dept. of Justice, Washington, D.C., filed a brief, for plaintiff-appellee in No. 89-4145.

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colo., for defendant-appellant Thornbrugh.

Robert J. Erickson, Atty., Dept. of Justice, Washington, D.C. (Tony M. Graham, U.S. Atty., Tulsa, Okl., with him, on the brief), for plaintiff-appellee, in Nos. 89-5166 and 89-5173.

Before McKAY, Chief Judge, HOLLOWAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, and EBEL, Circuit Judges.

OPINION ON REHEARING EN BANC

SEYMOUR, Circuit Judge.

The court, on its own motion, ordered rehearing en banc in these two appeals to consider the interpretation of the enhancement provision in 18 U.S.C. § 924(c)(1) (1988). The remaining issues raised on appeal are decided separately in two panel opinions filed simultaneously with this opinion. See United States v. Abreu, 962 F.2d 1425 (10th Cir.1992); United...

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