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U.S. v. SMITH

No. 96-4492.

115 F.3d 241 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Eugene SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1997.

Attorney(s) appearing for the Case

ARGUED: Eric David Placke, Assistant Federal Public Defender, Greensboro, NC, for Appellant. Harry L. Hobgood, Assistant United States Attorney, Greensboro, NC, for Appellee. ON BRIEF: William E. Martin, Federal Public Defender, Greensboro, NC, for Appellant. Walter C. Holton, Jr., United States Attorney, Benjamin H. White, Jr., Assistant United States Attorney, Greensboro, NC, for Appellee.

Before MURNAGHAN, Circuit Judge, and BUTZNER and PHILLIPS, Senior Circuit Judges.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge BUTZNER and Senior Judge PHILLIPS joined.

OPINION

MURNAGHAN, Circuit Judge.

A convicted prisoner, Johnny Eugene Smith, challenges the district court's jurisdiction to resentence him on two counts of the indictment after Smith successfully collaterally attacked his 18 U.S.C. § 924(c) conviction. Smith further argues that, even if the district court had jurisdiction...

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