United States v. Kenneth Wayne Holland

SEYMOUR, Chief Judge.

Kenneth Wayne Holland was convicted of possession of cocaine with intent to distribute under 21 U.S.C. § 841(a)(1), and of using and carrying a firearm during and in relation to a drug trafficking crime under 18 U.S.C. § 924(c)(1). 1 His convictions were affirmed on direct appeal. United States v. Holland, 10 F.3d 696 (10th Cir.1993). He subsequently brought a motion to vacate judgment and sentence under 28 U.S.C. § 2255, asserting that his section 924(c)(1) conviction is invalid under Bailey v. United States, - U.S.-, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), which was…