Abreu v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

This matter comes before the Court on Yovanny Ferrari Abreu’s petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 and his motion to amend the petition to state another ground for re lief. 1 The case presents the novel question whether the recent decision in Bailey v. United States, — U.S.-, 116 S.Ct. 501, — L.Ed.2d-(1995), which sharply limits what it means to “use” a gun in relation to a drug trafficking crime for purposes of 18 U.S.C. § 924(c)(1), applies retroactively.

I

In May 1991, agents of the Northern Virginia Drug…