Baylor v. United States

MEMORANDUM OPINION

URBINA, District Judge.

Denying The Petitioner’s Motion for Relief

I. INTRODUCTION

This case comes before the court on the petitioner’s motion for relief from his drug-trafficking conviction pursuant to Federal Rule of Criminal Procedure 35 or, in the alternative, 28 U.S.C. § 2255. The petitioner claims that his conviction was unconstitutional because the question of drug quantity was not submitted to the jury for determination beyond a reasonable doubt. He also asserts that the sentencing judge incorrectly sentenced him by taking into account acquittal conduct in determining…