United States v. Tolson

MEMORANDUM OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

This matter is before the Court on the defendant’s motion under 28 U.S.C. § 2255 to vacate his conviction under 18 U.S.C. § 924(c) based upon Bailey v. United States, — U.S. —, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). 1

While the government concedes that the 924(c) conviction cannot stand after Bailey, it has requested that the Court include the two-level adjustment under U.S.S.G. § 2Dl.l(b)(l) in resentencing the defendant. In response, the defendant contends that the Court lacks the authority to resentence him on the drug conviction,…