U.S. v. Imes, 95-30025
| Decision Date | 05 July 1996 |
| Docket Number | No. 95-30025,95-30025 |
| Citation | 91 F.3d 1210 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jerry Lee IMES, Jr., Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before: FLETCHER, NOONAN, and RYMER, Circuit Judges.
The opinion and dissent filed April 5, 1996, slip op. 4175, and reported at 80 F.3d 1309 (9th Cir.1996), are withdrawn in light of the parties' agreement that the conviction should be vacated because the jury was erroneously instructed. A memorandum disposition is filed in their place, and the petition for rehearing and suggestion for rehearing en banc are dismissed as moot.
To continue reading
Request your trial
5 cases
-
U.S. v. Polanco
...in United States v. Imes, 80 F.3d 1309 (9th Cir.1996), that opinion was subsequently withdrawn on other grounds, United States v. Imes, 91 F.3d 1210 (9th Cir.1996).We are aware of no other circuits that have addressed the impact of Bailey on the meaning of "use" under U.S.S.G. § 2K2.1(b)(5)......
-
U.S. v. Dewalt
...but see United States v. Edwards, 90 F.3d 199 (7th Cir.1996); United States v. Mains, 33 F.3d 1222 (10th Cir.1994); United States v. Imes, 91 F.3d 1210 (9th Cir.1996), vacating 80 F.3d 1309, but the Government's express and unequivocal concession on this point leaves us without occasion to ......
-
U.S. v. Gergen, 97-30324
...is subject to regulation in United States v. Imes, 80 F.3d 1309 (9th Cir.1996). However, Imes was subsequently withdrawn by 91 F.3d 1210 (9th Cir.1996), and this panel considers the ramification of Staples on a clean ...
-
U.S. v. Regans
...to another offense, without regard to use. See United States v. Imes, 80 F.3d 1309, 1313-14 (9th Cir.), vacated on other grounds, 91 F.3d 1210 (9th Cir.1996). ...
Request a trial to view additional results