Cadena v. United States

*385OPINION

ROBERT L. CARTER, District Judge.

Petitioner, Francisco Salazar Cadena, moves, pursuant to 28 U.S.C. § 2255, to set aside his conviction of conspiracy to distribute cocaine. Salazar was found guilty in 1976 and was sentenced to 13- years imprisonment. His conviction and sentence were affirmed on appeal. United States v. Mejias, 552 F.2d 435 (2d Cir.), cert. denied, 434 U.S. 847, 98 S.Ct. 154, 54 L.Ed.2d 115 (1977). Salazar now relies upon the recent United States Supreme Court decision in Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), to argue that evidence…