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U.S. v. GARTH

No. 97-1042.

188 F.3d 99 (1999)

UNITED STATES of America v. Marlon GARTH, Appellant

United States Court of Appeals, Third Circuit.

Filed: August 16, 1999.

Attorney(s) appearing for the Case

Michael G. Paul (Argued), Metuchen, NJ, for Appellant.

David L. Hall (Argued), Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before: ROTH, McKEE, RENDELL, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to decide whether Marlon Garth is procedurally barred from collaterally challenging his guilty plea to the charge of "using or carrying" a firearm "during and in relation to" a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). The District Court held that Garth had waived his right to collaterally challenge the plea, and dismissed the petition without reaching the merits. This appeal...

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