Barry G. Rattigan v. United States

BOYCE F. MARTIN, Jr., Chief Judge.

Barry G. Rattigan appeals the judgment of the district court to deny his motion under 28 U.S.C. § 2255 vacating his sentence for aiding and abetting in the use of a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) and 18 U.S.C. § 2. The basis of Rattigan’s collateral attack on his conviction is his contention that an instruction given to the jury during his trial on the term “use” was erroneous in light of Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Because we find that there…