United States v. Donald Sanders

ROBERT M. PARKER, Circuit Judge:

Appellant Donald Sanders filed a petition for habeas relief pursuant to 28 U.S.C. § 2255 alleging that the factual basis of his guilty plea to using and carrying a firearm during and in relation to a drug trafficking offense did not satisfy the Supreme Court’s standard in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). The district court denied relief. We vacate and remand.

FACTS AND PROCEDURAL HISTORY

Sanders pleaded guilty, pursuant to a plea agreement reached midway through his jury trial, to using and carrying a firearm during…