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U.S. v. EASTERLING

No. 97-6382.

157 F.3d 1220 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John David EASTERLING, a.k.a. Donald Ray Doyle, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 7, 1998.

Attorney(s) appearing for the Case

Paul Antonio Lacy, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

Patrick M. Ryan, United States Attorney, and Leslie M. Maye, Assistant United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

In 1989, John David Easterling pleaded guilty to (1) conspiring to distribute methamphetamine in violation of 21 U.S.C. § 846 and (2) using or carrying a firearm in connection with a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1). In 1997, upon Mr. Easterling's habeas corpus petition, the district court vacated his § 924(c)(1) conviction. The court then resentenced Mr. Easterling on the § 846 count, enhancing...

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