U.S. v. EYER

No. 96-7310.

113 F.3d 470 (1997)

UNITED STATES of America, v. Robert G. EYER, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 14, 1997.


Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, Theodore B. Smith, III (argued), Assistant U.S. Attorney, Harrisburg, PA, for Appellee.

Cheryl J. Sturm (argued), Westtown, PA, for Appellant.

Before GREENBERG, ALITO, and ROSENN, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Appellant, Robert G. Eyer, appeals from an order entered on April 11, 1996, denying his motion filed pursuant to 28 U.S.C. § 2255 ("section 2255"). On February 13, 1990, a grand jury returned a one-count indictment charging Eyer with using and carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)("section 924(c)(1)"). Eyer waived...

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