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U.S. v. DAVIS

No. 96-1721.

112 F.3d 118 (1997)

UNITED STATES of America, Appellee, v. Barry DAVIS, a/k/a "Mark Johnson", Appellant.

United States Court of Appeals, Third Circuit.

Decided April 23, 1997.

Attorney(s) appearing for the Case

Mark S. Greenberg [Argued], Stephen Robert LaCheen & Associates Philadelphia, PA, for Appellant.

Eric W. Sitarchuk, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals Sarah L. Grieb [Argued] Assistant United States Attorney, Philadelphia, PA, for Appellee.

Before: STAPLETON and MANSMANN, Circuit Judges, RESTANI, Judge, Court of International Trade.

OPINION OF THE COURT

RESTANI, Judge.

Barry Davis appeals the district court's finding of jurisdiction to resentence on a count related to the 18 U.S.C. § 924(c) conviction successfully challenged in Davis' 28 U.S.C. § 2255 motion. In resentencing Davis, the district court vacated the 60 month sentence imposed for the § 924(c) conviction and, as required under the United States Sentencing Guidelines ("U.S.S.G.") § 2D1.1(b)(1), imposed...

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