Ralph Napier v. United States

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Ralph Napier is before this Court on a motion to vacate filed under 28 U.S.C. § 2255. Napier has challenged the five-year sentence he i'eceived under 18 U.S.C. § 924(c) for using or carrying a firearm during the commission of a drug trafficking crime. Napier argues that his sentence should be vacated in light of the Supreme Court’s decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). In Bailey, the Court clarified the definition of the “use” prong of § 924(c), and Napier contends that under the clarified definition…