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U.S. v. JOSEPH

No. 96-3105.

169 F.3d 9 (1999)

UNITED STATES of America, Appellee, v. Ivan T. JOSEPH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1999.

Rehearing and Rehearing Denied May 12, 1999.

Attorney(s) appearing for the Case

Evelina J. Norwinski, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Santha Sonenberg, Assistant Federal Public Defender, entered an appearance.

Ivan T. Joseph, appearing pro se, was on the briefs for appellant.

Barbara A. Grewe, Assistant United States Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, United States Attorney, John R. Fisher, Mary-Patrice Brown, Thomas C. Black and Karen L. Melnik, Assistant United States Attorneys.

Before: WALD, HENDERSON and RANDOLPH, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 12, 1999.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellant Ivan T. Joseph was convicted in 1988 for several criminal offenses including violation of 18 U.S.C. § 924(c)(1), which mandates a prison term of five or more years for anyone who "uses or carries a firearm" "during and in relation to" a drug trafficking crime. The conviction was affirmed on appeal. See United...

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