U.S. v. MOORE

No. 94-6591.

76 F.3d 111 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth R. MOORE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1996.


Attorney(s) appearing for the Case

Hugh B. Ward, Jr. (argued and briefed), Office of the U.S. Attorney, Knoxville, TN, for Plaintiff-Appellee.

Allen E. Schwartz (argued and briefed), Knoxville, TN, for Defendant-Appellant.

Before: KENNEDY and MOORE, Circuit Judges; JOHNSTONE, Senior District Judge.


OPINION ON REHEARING

MOORE, Circuit Judge.

Appellant Kenneth R. Moore petitions this court for rehearing in light of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a decision that issued after we had decided this case. Although part III of our original opinion affirmed Moore's conviction under 18 U.S.C. § 924(c), Bailey requires a new evaluation of this conviction. We accordingly vacate the section 924(c...

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