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U.S. v. MIXON

Nos. 96-6489, 96-6490.

115 F.3d 900 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MIXON, a.k.a. Bobby, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jimmie GRAY, a.k.a. Omar Wright, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 20, 1997.

Attorney(s) appearing for the Case

Alexander Bunin, K. Lyn H. Campbell, Asst. Federal Public Defender, Mobile, AL, for Defendant-Appellant in No. 96-6489.

J. Don Foster, U.S. Atty., Charles A. Kandt, George A. Martin, Jr., Asst. U.S. Atty., Mobile, AL, for U.S.

Daniel H. Wannamaker, K. Lyn Hillman Campbell, Asst. Federal Public Defender, Mobile, AL, for Federal Defender Organization in No. 96-6490.

Before BIRCH, Circuit Judge, and RONEY and FARRIS, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

These are section 2255 habeas corpus cases in which the two defendants' motions successfully challenged their firearm convictions and sentences under 18 U.S.C. § 924(c) on the ground the weapons were not actively employed during the crimes, pursuant to Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). After vacating the firearm sentences, however, the district court sua sponte enhanced by...

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