U.S. Court of Appeals for the Eleventh Circuit, 1993

United States v. Ervin Lee Franklin

United States v. Ervin Lee Franklin
U.S. Court of Appeals for the Eleventh Circuit · Decided October 13, 1993 · Kravitch, Clark, Pittman
5 F.3d 1383; 1993 U.S. App. LEXIS 26680; 1993 WL 407382 (Federal Reporter, Third Series)

United States v. Ervin Lee Franklin

Opinion

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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