UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ERVIN LEE FRANKLIN, DEFENDANT-APPELLANT

11th Cir. | 1993-10-13
No. 91-8989
Before KRAVITCH, Circuit Judge, CLARK, Senior Circuit Judge, and PITTMAN , Senior District Judge.
5 F.3d 1383 Court of Appeals for the Eleventh Circuit (1993) Positive Treatment
Cited by 14 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: Appellant’s and appellee’s joint motion for withdrawal of the September 22, 1992 opinion, published at 972 F. 2d 1253, is granted. Appellant’s and appellee’s joint motion for an order affirming appellant’s conviction, vacating appellant’s sentence and remanding for resentencing pursuant to 18 U.S.C. § 924(a)(2), with instructions that the district court not apply the provisions of 18 U.S.C. § 924(e), is granted. Appellant’s and appellee’s joint motion that the appellee’s petition for rehearing be denied as moot is granted:

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