Brache v. United States

MEMORANDUM AND ORDER

LAGUEUX, Chief Judge.

This matter arises from petitioner’s conviction under 18 U.S.C. § 924(c)(1) (1994) for using or carrying a firearm during and in relation to a drug trafficking crime. Petitioner now moves to vacate his conviction or, in the alternative, for a new trial pursuant to 28 U.S.C. § 2255 (1994). Petitioner contends that the charge to the jury at his trial was inconsistent with the definition of “used” as explicated by the Supreme Court in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), and, therefore, his conviction should be…