United States v. Tayman

MEMORANDUM OPINION

ELLIS, District Judge.

Stephen E. Tayman received a mandatory minimum sentence of five years under 21 U.S.C. § 841 for having conspired to distribute one hundred or more kilograms of marijuana, which sentence he now attacks by a motion pursuant to 28 U.S.C. § 2255. After Tayman’s conviction and sentence became final, it was decided in United States v. Irvin, 2 F.3d 72 (4th Cir.1993) cert. denied, — U.S.-, 114 S.Ct. 1086, 127 L.Ed.2d 401 (1994), that mandatory minimum sentences imposed under § 841 must be based on the amount of drugs that was reasonably foreseeable to the…