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U.S. v. PERKINS

Crim. Action No. 90-00504 (SS), (Civ. Action No. 96-00911 (SS)).

939 F.Supp. 42 (1996)

UNITED STATES of America v. Daniel J. PERKINS, Defendant-Petitioner.

United States District Court, District of Columbia.

September 25, 1996.

Attorney(s) appearing for the Case

Santha Sonenberg, Federal Public Defender for D.C., Washington, DC, for Daniel Joseph Perkins.

John Michael Facciola, U.S. Attorney's Office, Washington, DC, for U.S.

MEMORANDUM OPINION

SPORKIN, District Judge.

This matter is before the Court on defendant-petitioner Daniel J. Perkins' 28 U.S.C. § 2255 motion to vacate his conviction under 18 U.S.C. § 924(c)(1). Section 924(c)(1) imposes a mandatory five year sentence for using or carrying a firearm during the commission of a drug trafficking offense. Perkins asserts that in light of the Supreme Court's decision in Bailey v. United States, ___ U...

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