United States v. Ervin Lee Franklin

Eleventh Circuit

United States v. Ervin Lee Franklin

5 F.3d 1383, 1993 U.S. App. LEXIS 26680, 1993 WL 407382

Procedural entryThis page is a short order in United States v. Ervin Lee Franklin. Read the opinion of the Court — 972 F.2d 1253 →

Court of Appeals for the Eleventh Circuit·Decided October 13, 1993·No. 91-8989·Published

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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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:

United States v. Ervin Lee Franklin, 5 F.3d 1383, 1993 U.S. App. LEXIS 26680, 1993 WL 407382 (11th Cir. 1993).

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Opinion

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