Fountain v. United States

ORDER DENYING PETITIONER’S MOTION FOR BOND, GRANTING PETITIONER’S MOTION TO VACATE AND DENYING THE GOVERNMENT’S' REQUEST FOR RE-SENTENCING

ROSEN, District Judge.

I. INTRODUCTION

A. The Matter in Front of the Court.

This case is presently before the Court on Petitioner Joe Willie Fountain’s 28 U.S.C. § 2255 Motion to Vacate his sentence under 18 U.S.C. § 924(c). 1 Petitioner went to trial and was convicted 2 before this Court on Counts 2 through 5 of his January 16, 1992 Superseding Indictment. These counts were as follows, Count 2: possessing crack cocaine with the intent to distribute it within…