United States v. Apker

MEMORANDUM OPINION AND ORDER

BATAILLON, District Judge.

This matter is before the court for findings on remand from the Eighth Circuit Court of Appeals, Filing No. 1744. See United States v. Apker, 241 F.3d 1060, 1063 (8th Cir.2001). The Eighth Circuit Court of Appeals reversed the earlier judgment of the district court and remanded the action for further proceedings. Id. This court was directed to conduct an evi-dentiary hearing and to determine whether Apker’s dismissed drug trafficking charges 1 were more serious than the 18 U.S.C. § 924(c) charge, based on a comparison of the actual…