ORDER VACATING COUNT 3 AND TO RESENTENCE PETITIONER ON COUNTS 1 AND 2
KAY, Chief Judge.
BACKGROUND
On May 12, 1992, Petitioner was convicted by a jury of three counts: (1) distribution of methamphetamine; (2) possession with intent to distribute in excess of 10 grams of methamphetamine; and (3) use/carrying of a firearm in relation to a drug trafficking crime. Petitioner was sentenced on all three counts.
In 1995, the United...
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