United States v. Powell

TACHA, Circuit Judge.

Richard Powell appeals from the district court’s decision denying his motion pursuant to 28 U.S.C. § 2255 challenging his conviction under 18 U.S.C. § 924(e) in light of Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Because the district court did not hold an evidentiary hearing and make factual findings, we review its decision de novo. See United States v. Cox, 83 F.3d 336, 338 (10th Cir.1996). Although a recent Supreme Court decision changes the analysis somewhat, we nonethe less conclude the district court correctly denied the motion, and…