Price v. United States

ORDER AND OPINION

DOUMAR, District Judge.

This matter is before the Court on the pro se motion of Derrick Price under 28 U.S.C. § 2255 to correct, vacate, or set aside his sentence. Pursuant to a plea agreement, Price pled guilty to using a firearm in relation to a drug trafficking offense, in violation 18 U.S.C. § 924(c). Price argues that his conviction is nevertheless invalid under Bailey v. United States, — U.S.-, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), because no evidence established that he “used” a firearm. Because this Court holds that Bailey should not be applied retroactively to cases…