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U.S. v. FRANKLIN

No. 91-8989.

5 F.3d 1383 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Ervin Lee FRANKLIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 13, 1993.

Attorney(s) appearing for the Case

Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.

John Davis, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.

Before KRAVITCH, Circuit Judge, CLARK, Senior Circuit Judge, and PITTMAN, Senior District Judge.

BY THE COURT:

Appellant's and appellee's joint motion for withdrawal of the September 22, 1992 opinion, published at 972 F.2d 1253, is granted.

Appellant's and appellee's joint motion for an order affirming appellant's conviction, vacating appellant's sentence and remanding for resentencing pursuant to 18 U.S.C. § 924(a)(2), with instructions that the district court not apply the provisions of 18 U.S.C. § 924(e)...

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