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U.S. v. SORRELLS

No. 96-40873.

145 F.3d 744 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. David SORRELLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 22, 1998.

Attorney(s) appearing for the Case

Julia Bowen Stern, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Robert Louis Hutton, Memphis, TN, for Sorrells.

Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

A jury convicted David Sorrells ("Sorrells") of using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1). We affirmed his conviction on direct appeal and on Sorrells' first motion to vacate his sentence under 28 U.S.C. § 2255. He now appeals from the district court's denial of his second § 2255 motion to vacate his § 924(c)(1) conviction. We affirm.

I

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