United States v. Carter

William Carter (“Carter”) appeals the district court’s denial of his 28 U.S.C. § 2255 motion, arguing that under the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), his conviction for use of a firearm in connection with the commission of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1), should be reversed. We agree and reverse the conviction.

FACTS AND PROCEEDINGS BELOW

Pursuant to a plea agreement, Carter pleaded guilty in 1992 to conspiracy to possess with intent to distribute cocaine and to use of a firearm in connection…