United States of America, Plaintiff-appellee, v. Venustiano Jimenez, Defendant-appellant, 85 F.3d 638 (9th Cir. 1996)
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U.S. Court of Appeals for the Ninth Circuit
- 85 F.3d 638 (9th Cir. 1996)
Submitted April 30, 1996. *Decided May 6, 1996
Before: BROWNING, REINHARDT and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Venustiano Jimenez contends that his conviction for using a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c) (1) must be reversed in light of the Supreme Court's decision in Bailey v. United States, 116 S. Ct. 501 (1995). The government concedes that the evidence was insufficient to sustain his conviction. Accordingly, we reverse Jimenez's conviction under 18 U.S.C. § 924(c) (1) and remand for resentencing.
REVERSED AND REMANDED.
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