United States v. Jose Ramon Gordils and Nicholas Mpounas, Gregory Melendez and Francisco Bastar

FEINBERG, Circuit Judge:

This appeal raises an important issue in administering the criminal law: whether a district court has jurisdiction to resentence a defendant on an underlying, unchallenged drug trafficking conviction where, pursuant to Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the defendant has successfully challenged a related firearm conviction in a 28 U.S.C. § 2255 petition. Defendants Jose Ramon Gordils and Nicholas Mpounas appeal from a judgment entered in October 1996 in the United States District Court for the Southern District of New York, David…