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U.S. v. BENBOE

No. 97-35566.

157 F.3d 1181 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Colton Travis BENBOE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1998.

Attorney(s) appearing for the Case

David A. Duke, Billings, Montana, for defendant-appellant.

James E. Seykora and C. Ed Laws, Assistant United States Attorneys, Billings, Montana, for plaintiff-appellee.

Before: WRIGHT, SCHROEDER and WIGGINS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Colton Benboe appeals the denial of his § 2255 motion to vacate his sentence for a firearm violation under 18 U.S.C. § 924(c)(1) to which he pleaded guilty. Two Supreme Court cases decided since his 1994 conviction require us to reverse the district court's holding that he is guilty of the firearm conviction and to remand the § 2255 motion to allow him the opportunity to show...

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