dissenting in part:
Agreeing with the conclusion my brethren have reached, and with almost all of the thorough majority opinion, I respectfully differ only with respect to the instructions on remand and the action that the opinion states in footnote 7 that the trial court may take. Simpson relied on Representative Poff for legislative interpretation; accurately quoted by my brethren both say that section 924(c) is “not intended to apply to title 18, section 111 . . .” The Court further observed “. . . Congress cannot be said to have authorized the imposition of the additional penalty of § 924(c) for commission of bank robbery with firearms already subject to enhanced punishment under § 2113(d).” 435 U.S. at 12, 98 S.Ct. at 913, 55 L.Ed.2d at 77 (emphasis supplied). This means to me that Simpson precludes enhancement under section 924(c) when the defendant has been convicted of any felony to which section 111 is applicable. In this case the distinction may not change Shillingford’s ultimate sentence, but the rationale may be important in future cases. Compare United States v. Stewart, 5 Cir. 1978, 579 F.2d 356; United States v. Stewart, 5 Cir. 1978, 585 F.2d 799; United States v. Nelson, 5 Cir. 1978, 574 F.2d 277.