U.S. v. Barron
| Decision Date | 07 April 1998 |
| Docket Number | 96-36059,Nos. 96-36058,s. 96-36058 |
| Citation | 138 F.3d 809 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William Scott BARRON, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dennis W. THOMPSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: HUG, Chief Judge.
ORDER
Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that these cases be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, United States v. Barron, 127 F.3d 890 (9th Cir.1997), amended by slip. op. 1867, 136 F.3d 675 (March 6, 1998), and the three-judge panel unpublished disposition, United States v. Thompson, 131 F.3d 150 (9th Cir.1997), are withdrawn.
These cases are consolidated for rehearing en banc.
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2 cases
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U.S. v. Barron
...Cir.1997). On petition for rehearing, the court divided. 136 F.3d 675 (9th Cir.1998). The full court granted rehearing en banc. 138 F.3d 809 (9th Cir.1998). ANALYSIS At the outset it is suggested that Barron must show cause and prejudice in order to be in a position to raise the issue he no......
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Wilson v. State
...explain why courts may resentence on remaining counts of conviction after setting aside a section 924(c) conviction."), withdrawn, 138 F.3d 809 (9th Cir.1998), rev'd, 172 F.3d 1153 (9th Cir.1999) (en banc). 18 U.S.C. § 924(c) imposes a mandatory minimum sentence on any person who uses, carr......