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WALKER v. U.S.

No. 96-2086.

115 F.3d 603 (1997)

Kevin Allen WALKER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1997.

Attorney(s) appearing for the Case

Mark D. Nyvold, argued St. Paul, MN (Earl P. Gray, on the brief), for appellant.

Douglas Ray Peterson, Assistant U.S. Attorney, argued, Minneapolis, MN, for appellee.

Before MAGILL, BEAM, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

In 1989 Kevin Walker pleaded guilty to violating 18 U.S.C. § 924(c) by using and carrying a firearm during and in relation to a drug trafficking crime. In the wake of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), Walker filed this 28 U.S.C. § 2255 motion to vacate his § 924(c) conviction. The district court1 denied the motion, Walker appeals, and we affirm.

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