United States v. Allen H. McKinney

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case comes before us for a second time. In United States v. McKinney, 79 F.3d 105 (8th Cir.1996), we held that Mr. McKinney was not entitled on appeal to the benefit of the rule announced in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a case decided after his conviction, because at trial he did not raise the legal point that Bailey subsequently decided in his favor. The Supreme Court granted Mr. McKinney’s petition for certiorari in that case, vacated our judgment, and remanded the case to us for further consideration in…