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U.S. v. STOTTS

No. 97-6221.

176 F.3d 880 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Steven STOTTS, also known as Jackie Wayne Simmons, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 12, 1999.

Rehearing and Suggestion for Rehearing Denied June 30, 1999.

Attorney(s) appearing for the Case

David W. Camp (argued and briefed), Dowden, Zdancewicz & Camp, Jackson, Tennessee, Gary Steven Stotts, Beamount, Texas, for Defendant-Appellant.

Jennifer L. Webber, Assistant U.S. Attorney (argued and briefed), Memphis, Tennessee, for Plaintiff-Appellee.

Before: JONES, SUHRHEINRICH, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 30, 1999.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant Gary Stephen Stotts appeals from his judgment and sentence following a jury trial. The principal issue is whether an undetonated bomb that is merely in close proximity to a methamphetamine laboratory is "used or carried" during and in relation to a drug trafficking offense under 18 U.S.C. § 924(c)(1). We conclude that it is not...

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