
    UNITED STATES of America, Plaintiff-Appellee, v. Ervin Lee FRANKLIN, Defendant-Appellant.
    No. 91-8989.
    United States Court of Appeals, Eleventh Circuit.
    Oct. 13, 1993.
    Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.
    John Davis, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.
    Before KRAVITCH, Circuit Judge, CLARK, Senior Circuit Judge, and PITTMAN , Senior District Judge.
    
      
       Honorable Virgil Pittman, Senior U.S. District Judge for the Southern District of Alabama, sitting by designation.
    
   BY THE COURT:

Appellant’s and appellee’s joint motion for withdrawal of the September 22, 1992 opinion, published at 972 F.2d 1253, is granted.

Appellant’s and appellee’s joint motion for an order affirming appellant’s conviction, vacating appellant’s sentence and remanding for resentencing pursuant to 18 U.S.C. § 924(a)(2), with instructions that the district court not apply the provisions of 18 U.S.C. § 924(e), is granted.

Appellant’s and appellee’s joint motion that the appellee’s petition for rehearing be denied as moot is granted:  