Kristofferson
United States v. Kristofferson
Opinion
lead Opinion
Lynch, J.
ORDER
I. INTRODUCTION
Defendant Kristofferson was convicted on three felony counts following a jury trial in this Court. Count 1 charged possession of cocaine with the intent to distribute. Count 2 charged conspiracy, and Count 3 charged Kristofferson with use of a firearm in connection with Count 1, the drug trafficking charge, in violation of 18 U.S.C. § 924 (c). The Court sentenced him to total of ten years and three months in federal prison on July 3, 1991. Kristofferson subsequently appealed the conviction and sentence to the Ninth Circuit, and both were summarily affirmed. Kristofferson, represented by appointed counsel, brings this motion pursuant to 28 U.S.C. § 2255 making various allegations relating to his trial attorney, and contending that his conviction for use of a firearm should be reversed pursuant to the recent Supreme Court case of Bailey v. United States, — U.S. —, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995).
While Kristofferson’s motion makes all of his claims, the government has at this time responded only to his Bailey claim. The Court heard oral argument on this claim on May 10, 1996. It is solely the Bailey claim that the Court addresses here.