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U.S. v. ALTON

No. 96-3251.

120 F.3d 114 (1997)

UNITED STATES of America, Appellee, v. James ALTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1997.

Attorney(s) appearing for the Case

Brian S. Witherspoon, argued, St. Louis, MO, for appellant.

Joseph M. Landolt, St. Louis, MO, argued (Edward L. Dowd, Jr., United States Attorney, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

James Alton brought an action under 28 U.S.C. § 2255, challenging his conviction for using a firearm in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c). The district court1 vacated the conviction in light of the United States Supreme Court's opinion in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Upon motion by the government, the district...

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