Baldyga v. United States

MEMORANDUM & ORDER

GORTON, District Judge.

Pending before the court is the petition of Gerald Baldyga (“Baldyga”) to vacate, set aside or correct his sentence, pursuant to 28 U.S.C. § 2255.

I. Background

On March 25, 1999, after a four-day trial before this Court a jury convicted the petitioner of four counts of possession with intent to distribute and distribution of cocaine in violation of 21 U.S.C. § 841(a)(1), one count of being a felon in possession of firearms and ammunition in violation of 18 U.S.C. § 922(g)(1), and one count of tampering with a witness in violation of 18 U.S.C. §…