U.S. v. McPHAIL

No. 95-60468.

112 F.3d 197 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donnie Howard McPHAIL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1997.


Attorney(s) appearing for the Case

Alfred E. Moreton, III, U.S. Attorney's Office, Oxford, MS, for Plaintiff-Appellee.

Peter Scott Goldberger, Ardmore, PA, Alan Ellis, Sausalito, CA, for Defendants-Appellants.

Before REAVLEY, KING and BARKSDALE, Circuit Judges.


REAVLEY, Circuit Judge:

Donnie McPhail appeals the district court's denial of his habeas petition filed pursuant to 28 U.S.C. § 2255. We find that in light of the Supreme Court's recent ruling in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), there was insufficient evidence to support McPhail's conviction for using or carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Accordingly...

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