Lee v. Wetzel

ORDER AND REASONS

MENTZ, District Judge.

Henry Lee filed an application for a writ of habeas corpus under 28 U.S.C. § 2241 in the Northern District of Florida, where he is imprisoned. That court transferred the petition to this court where Lee was tried and sentenced in the interest of economy. Lee asks the court to vacate his conviction and 60-month sentence under 18 U.S.C. § 924(c)(1) for using a firearm in connection with a drug trafficking crime. Lee contends that in light of Bailey v. U.S., 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), he did not violate § 924(c).

Bailey was decided…