Objio-Sarraff v. United States

OPINION AND ORDER

LAFFITTE, District Judge.

Before the Court is Petitioner’s pro se 28 U.S.C. § 2255 (1995) writ of habeas corpus seeking to vacate a judgment of conviction under Count IV for using or carrying a firearm during and in relation to a drug trafficking crime under 18 U.S.C.A. § 924(c)(1) (1996). Petitioner argues that the Supreme Court’s recent interpretation of the word “use” in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995) warrants vacating his conviction under Count IV. The Government, in turn, maintains that Bailey has no effect on the outcome of…