U.S. Court of Appeals for the Eighth Circuit, 1997

United States v. Malachi Andrews

United States v. Malachi Andrews
U.S. Court of Appeals for the Eighth Circuit · Decided September 11, 1997

United States v. Malachi Andrews

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 97-2208MN _____________ United States of America, * * Appellee, * Appeal from the United States * District Court for the District of v. * Minnesota. * Malachi Andrews, * [UNPUBLISHED] * Appellant. * _____________ Submitted: September 4, 1997 Filed: September 11, 1997 _____________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. _____________ PER CURIAM.

After Malachi Andrews was sentenced for drug-related charges, including using a firearm during a drug offense, the Supreme Court decided Bailey v. United States, 116 S. Ct. 501 (1995). In light of Bailey, the district court vacated the sentence originally imposed on the firearm conviction and imposed a revised sentence on Andrews's drug conviction with an enhancement based on his possession of a firearm.

On appeal, Andrews contends the district court improperly resentenced him on his drug conviction. Andrews's arguments, however, are foreclosed by our recent decision in United States v. Harrison, 113 F.3d 135, 137-38 (8th Cir. 1997). We thus affirm Andrews's revised drug sentence. See 8th Cir. R. 47B.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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