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U.S. v. BINFORD

No. 96-2419.

108 F.3d 723 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn L. BINFORD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 4, 1997.

Attorney(s) appearing for the Case

Randy G. Massey (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Renee E. Schooley (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before BAUER, COFFEY, and FLAUM, Circuit Judges.

BAUER, Circuit Judge.

Defendant-appellant Shawn L. Binford initially received two consecutive prison sentences—60 months for a drug conspiracy conviction and 60 months for a firearm conviction. Following the Supreme Court's decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995),1 Binford successfully petitioned the district court under 28 U.S.C. § 2255 to vacate his firearm conviction...

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