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HILLIARD v. U.S.

No. 96-6291.

157 F.3d 444 (1998)

Rockie Lane HILLIARD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1998.

Attorney(s) appearing for the Case

Rockie Lane Hilliard, Federal Correctional Institution, El Reno, OK; Jennifer L. Smith (argued and briefed), Nashville, TN, for Petitioner-Appellant.

Joseph C. Murphy, Jr. (argued and briefed), Asst. U.S. Attorney, Memphis, TN, for Respondent-Appellee.

Before: MARTIN, Chief Judge; NORRIS and CLAY, Circuit Judges.

OPINION

MARTIN, Chief Judge.

Rockie Lane Hilliard appeals the judgment of the district court denying his motion under 28 U.S.C. § 2255 to vacate his sentence for using and carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Hilliard bases his collateral attack of his conviction on his contention that an instruction given to the jury during his trial on the term "use" was erroneous in light...

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