United States of America, Plaintiff-appellee, v. Arnold Robert Chasteen, Defendant-appellant, 87 F.3d 1323 (9th Cir. 1996)
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U.S. Court of Appeals for the Ninth Circuit
- 87 F.3d 1323 (9th Cir. 1996)
Submitted June 11, 1996. *Decided June 14, 1996
Before: CANBY, JOHN T. NOONAN, JR., and LEAVY, Circuit Judges.
MEMORANDUM**
Arnold Robert Chasteen 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 Chasteen's conviction under 18 U.S.C. § 924(c) (1) and remand for resentencing.
REVERSED AND REMANDED.
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