Billy Darrell Thomas, Movant/appellant v. United States

Billy Darrell Thomas pled guilty to four counts of a five count indictment involving drugs and guns. One of the counts of conviction was for using or carrying a gun in relation to a drug offense. 18 U.S.C. § 924(e). After his convictions, but before his sentencing hearing, the Supreme Court decided Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Thomas then filed a motion to withdraw his guilty plea for violating § 924(c). The motion was denied and Thomas did not appeal. Later he brought a 28 U.S.C. § 2255 motion claiming the evidence was insufficient to support a…