United States v. Morris

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on defendant Robert Morris’ petition to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. By his petition, defendant contends that his conviction and sentence under 18 U.S.C. § 924(c)(1) for “using” a firearm must be vacated in light of the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). The government opposes defendant’s motion, and the court, having considered the motion and response thereto, along with the record in this cause,…