Ferrell v. United States

OPINION AND ORDER GRANTING PETITIONER’S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 AND SETTING A HEARING FOR RE-SENTENCING

ROSEN, District Judge.

I. INTRODUCTION

This case is presently before the Court on Petitioner William Ferrell’s 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct his sentence. In light of the recent Supreme Court decision in Bailey v. U.S., — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), Petitioner claims that: (1) There is insufficient evidence to support his conviction under 18 U.S.C. § 924(c) 1 for using a firearm in relation to a drug…