VELASQUEZ v. UNITED STATES

No. 96-3056.

131 F.3d 766 (1997)

Juan Torres VELASQUEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1997.


Attorney(s) appearing for the Case

Howard S. Carp, Minneapolis, MN, for appellant.

Jeffrey S. Paulsen, Minneapolis, MN, for appellee.

Before McMILLIAN, LOKEN and HANSEN, Circuit Judges.


PER CURIAM.

In April 1993, Juan Torres Velasquez was convicted of drug trafficking offenses and of violating 18 U.S.C. § 924(c)(1) by using or carrying a firearm during and in relation to those offenses. At trial, Velasquez did not object to a jury instruction defining "use" of a firearm contrary to the Supreme Court's later decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). On direct appeal, we rejected Velasquez...

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