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U.S. v. Benbrook, No. 97-10308 (5th Cir.) (119 F.3d 338) (July 31, 1997) (Judge Jacques L. Jr. Wiener)

Citing its decision in U.S. v. Rodriquez, 114 F.3d 46 (5th Cir. 1997), the Court affirmed that 28 USC § 2255 vests the district court with the power to resentence a defendant who successfully challenges his § 924(c) conviction only, and that the court may consider the imposition of the ...

 

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