Mark Edward Swedzinski v. United States

BOWMAN, Chief Judge.

Mark Edward Swedzinski appeals the District Court’s 1 denial of his 28 U.S.C. § 2255 motion for post-conviction relief. He argues that his conviction for violating 18 U.S.C. § 924(c) should be vacated because the jury instructions defining “use” of a firearm were contrary to the Supreme Court’s decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 138 L.Ed.2d 472 (1995). We affirm.

I

On. September 20, 1991,, agents of the Minnesota Bureau of Criminal Apprehension located a plot of cultivated marijuana in Lincoln County, Minnesota. During surveillance of the area…