United States v. Kenneth R. Moore

OPINION ON REHEARING

MOORE, Circuit Judge.

Appellant Kenneth R. Moore petitions this court for rehearing in light of Bailey v. United States, - U.S.-, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a decision that issued after we had decided this case. Although part III of our original opinion affirmed Moore’s conviction- under 18 U.S.C. § 924(c), Bailey requires a new evaluation of this conviction. We accordingly vacate the section 924(c) conviction and remand for further proceedings consistent with this opinion.

I

Section 924(c)(1) states that

[wjhoever, during and in relation to any crime of violence…