WIENER, Circuit Judge:
The Court withdraws the opinion issued in this case dated July 7, 1993, and substitutes the following:
Pursuant to a plea agreement which provided, inter alia, that the government "may" make a motion for a downward departure if the defendant renders substantial assistance, Joe Hernandez pleaded guilty to, and was convicted on, one count of violating 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). As he had been convicted...
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