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DeJESUS v. U.S.

Docket 97-2328.

161 F.3d 99 (1998)

Manuel DeJESUS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1998.

Attorney(s) appearing for the Case

Edward S. Zas, Of Counsel, The Legal Aid Society Federal Defender Division Appeals Bureau, for Appellant.

David C. Finn, Dietrich L. Snell, Of Counsel, (Mary Jo White, United States Attorney for the Southern District of New York), for Appellee.

Before: VAN GRAAFEILAND and KEARSE, Circuit Judges, and VANCE, District Judge.

VANCE, District Court Judge.

Manuel DeJesus appeals a district court order denying his petition to vacate his conviction of using or carrying a firearm during or in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c). Relying on the United States Supreme Court's decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), DeJesus argues that the trial court gave the jury an...

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