Harney v. United States

MEMORANDUM-DECISION and ORDER

SCULLIN, District Judge.

Introduction

Petitioners, George K. Harney and David T. Chaleux-DeLeon, seek to vacate their sentences pursuant to 28 U.S.C. § 2255, based upon the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Petitioner Har-ney also seeks the appointment of counsel. Following a joint trial, Petitioner Harney and Chaleux-DeLeon were convicted of, inter alia, conspiracy to commit armed robbery, and “using” or “carrying” a firearm during and in relation to that conspiracy in violation of 18 U.S.C. § 371…