Opinion
No. 93-5935
Argued: June 6, 1995
Decided: September 22, 1995
ARGUED:
George Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant.
John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
ON BRIEF:
Janice McKenzie Cole, United States Attorney, David P. Folmar, Jr., Special Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CR-93-70)
Affirmed by published per curiam opinion.
Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge, sitting en banc.
OPINION
The en banc court voted unanimously to affirm Hines' convictions on all counts except the second count of use of a firearm during a drug trafficking offense on September 19, 1992. As to that count, the court affirms the conviction by an equally divided vote.
AFFIRMED