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U.S. v. DRAKE

No. 94-30209.

49 F.3d 1438 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Scott DRAKE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1995.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for defendant-appellant.

Fred N. Weinhouse, Asst. U.S. Atty., Portland, OR, for plaintiff-appellee.

Before: HALL, O'SCANNLAIN, and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must reconcile an apparent conflict between a mandatory minimum sentence statute and the United States Sentencing Guidelines provisions for concurrent sentencing.

I

In a state proceeding, Anthony Drake was sentenced to sixty-six months in an Oregon prison for his participation in an armed robbery in which a .380 SPP semi-automatic handgun was used.

Shortly after Drake began serving his state sentence, a federal...

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