Sanabria v. United States

OPINION AND ORDER

FUSTE, District Judge.

I

Amador Irizarry Sanabria has petitioned this court under 28 U.S.C. § 2255 (1988) for a writ of habeas corpus to vacate or amend his sentence of October 26, 1992. Petitioner claims that he was incorrectly deemed to have used or carried a firearm in relation to the drug trafficking crime of which he was convicted and that, consequently, his sentence was mistakenly enhanced under 18 U.S.C. § 924(c)(1) (1988). 1 Having reviewed both the petition and pertinent case law, we grant the petition. The facts of the case are reported in United States v. Andújar, 49…