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U.S. v. HALTER

No. 99-3045.

217 F.3d 551 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Joseph HALTER, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2000.

Attorney(s) appearing for the Case

Dean Stowers, Des Moines, IA, argued, for Defendant-Appellant.

Clifford Cronk, Rock Island, IL, argued (Stephen Patrick O'Meara, Des Moines, IA, on the brief), for Plaintiff-Appellee.

Before: RICHARD S. ARNOLD, LAY, and BEAM, Circuit Judges.

LAY, Circuit Judge.

Gregory Joseph Halter (Halter) challenges the district court's denial of his petition for habeas relief under 28 U.S.C. § 2255 and the denial of his Motion for a New Trial and Motion to Alter or Amend. Because we find error in the district court's characterization of dismissed charges as "more serious" than Halter's charge under 18 U.S.C. § 924(c)(1), we vacate and remand for resentencing.

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