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U.S. v. MARTIN

No. 96-7373.

116 F.3d 702 (1997)

UNITED STATES of America v. John MARTIN. John W. Martin, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 18, 1997.

As Amended July 28, 1997.

Attorney(s) appearing for the Case

James V. Wade (argued), Federal Public Defender, Lori J. Ulrich, Assistant Federal Public Defender, Harrisburg, PA, for Appellant.

David M. Barasch, United States Attorney, Eric Pfisterer, (argued), Assistant United States Attorney, Harrisburg, PA, for Appellee.

Before: SLOVITER, Chief Judge, SCIRICA and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal arises in the wake of the Supreme Court's interpretation of 18 U.S.C. § 924(c)(1) in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995).

John Martin ("Appellant") was convicted on December 2, 1993 of violating 18 U.S.C. §§ 922(g) and 924(a)(2) (possession of a firearm by a convicted felon) ("Count I") and 18 U.S.C. § 924(c)(1) ("Count II") (use of a...

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