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REYES v. U.S.

96 Civ. 2096 (CSH).

944 F.Supp. 260 (1996)

Javier REYES, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

October 23, 1996.

Attorney(s) appearing for the Case

Henriette D. Hoffman, The Legal Aid Society, New York City, for Javier Reyes.

Richard C. Daddario, Assistant United States Attorney, U.S. Department of Justice, United States Attorney, Southern District of New York, New York City, for U.S.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge:

Javier Reyes has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. In his petition, Mr. Reyes alleges that he was wrongfully convicted under 18 U.S.C. § 924(c)(1), which provides enhanced penalties for one who uses or carries a firearm during a drug trafficking crime. Given the standards established by the Supreme Court in Bailey v. United States...

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