United States v. Johnson

MEMORANDUM AND ORDER

CROW, District Judge.

On May 2,1996, this court entered a memorandum and order denying Johnson’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody. See United States v. Johnson, 927 F.Supp. 399 (D.Kan.1996). In his motion, Johnson argued that based upon the Supreme Court’s recent decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the court improperly enhanced his sentence pursuant to USSG § 2Dl.l(b)(l). 1 Johnson also argued that the enhanced punishment for drug trafficking crimes…