United States v. Robert C. Applewhite , 72 F.3d 140 ( 1996 )

ON PETITION FOR REHEARING OF ROBERT C. APPLEWHITE

ORDER

Feb. 13, 1996

Per Curiam.

Appellant Robert C. Applewhite has filed a petition for rehearing of our opinion dated December 19, 1995. There we affirmed his conviction under 18 U.S.C. § 924(e)(1) for using a firearm during and in relation to a drug trafficking crime.

In light of the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), it is ORDERED by the Court that Applewhite’s petition for rehearing is hereby granted. It is further ORDERED, with the consent of the Government, that Appellant Applewhite’s conviction under 18 U.S.C. § 924(c)(1) is hereby vacated and the matter is remanded to the district court for resentencing.