United States v. Forrest

ORDER

CLARKE, District Judge.

This matter is before the Court on Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons discussed below, the Court GRANTS Petitioner’s motion and vacates her conviction under 18 U.S.C. § 924(c)(1).

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 14, 1995, Petitioner Wanda Denise Forrest pled guilty to (1) conspiracy to distribute “crack” cocaine, in violation of 21 U.S.C. § 846 (Count I), and (2) use 1 of a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1) (Count III). As the…