United States v. Timothy Wayne Morrow (89-5418/5708) and George Mooneyham (89-5710)

SUHRHEINRICH, Circuit Judge.

In a prior decision in this case, a three-member panel of this Court ruled that instructions defining the element of carrying a firearm “in relation to” a drug trafficking offense pursuant to 18 U.S.C. § 924(c) failed to inform the jury that the crime required proof of a relationship between the weapon and the drug offense. It therefore reversed defendant Mooneyham’s conviction on that count and vacated defendant Morrow’s conviction for aiding and abetting Mooneyham in a 924(c) violation. United States v. Morrow, 923 F.2d 427 (6th Cir.1991). A majority of the Court…