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SWEDZINSKI v. U.S.

No. 97-2990.

160 F.3d 498 (1998)

Mark Edward SWEDZINSKI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Daniel Guerrero, Minneapolis, MN, argued, for Appellant.

Margaret Magill, Minneapolis, MN (David L. Lillehaug, United States Attorney, and Nathan P. Petterson, Minneapolis, MN, on the brief), for Appellee.

Before BOWMAN, Chief Judge, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

BOWMAN, Chief Judge.

Mark Edward Swedzinski appeals the District Court's1 denial of his 28 U.S.C. § 2255 motion for post-conviction relief. He argues that his conviction for violating 18 U.S.C. § 924(c) should be vacated because the jury instructions defining "use" of a firearm were contrary to the Supreme Court's decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed...

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