This case is before this Court for rehearing on the sentencing issue involving 18 U.S.C. § 924(c)(1). See United States v. Riley, 211 F.3d 1207 (11th Cir.) (" Riley I"), vacated in part, 232 F.3d 844 (11th Cir. 2000) (" Riley II"). The jury convicted the Defendant-Appellant Steven Lawrence Riley ("Riley") of conspiracy to commit armed bank robbery, in violation of 18 U.S.C. § 371, armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d), and using and carrying a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924(c)(1).
RILEY v. UNITED STATES. C.A. 11th Cir. Certiorari denied. Reported below: 211 F.3d 1207. 00-375.
BY THE COURT: We sua sponte grant rehearing in this appeal. Our opinion is published at 211 F.3d 1207 (11th Cir. 2000). After we filed our opinion in this appeal, but before the mandate issued, the Supreme Court decided Castillo v. United States, 530 U.S. 120, 120 S.Ct. 2090, 147 L.Ed.2d 94 (2000), which casts doubt on the correctness of our ruling rejecting Riley's challenge to the enhanced penalty the district court imposed on him under 18 U.S.C. § 924(c)(1).
Finally, as to the child pornography found on Littlejohn's computer, assuming for purposes of the motion that the hard drive containing the pornography is "newly discovered," a new trial is not warranted because it had only impeachment value. See United States v. Riley, 211 F.3d 1207, 1208 (11th Cir. 2000), vacated in part on other grounds, 232 F.3d 844 (11th Cir. 2000) (denial of new trial motion based on newly-discovered impeaching evidence as to a collateral matter not abuse of discretion). There was no Brady Violation