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PRYOR v. U.S.

No. 00-5303.

278 F.3d 612 (2002)

Sylvester PRYOR, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 25, 2002.

Attorney(s) appearing for the Case

Russell C. Rutledge (briefed), Stewart, Wilkinson & Wilson, Memphis, Tennessee, Sylvester Pryor, Federal Correctional Institute, Whitley B. Manchester, KY, for Appellant.

Gregg L. Sullivan, Assistant United States Attorney (briefed), Chattanooga, Tennessee, for Appellee.

Before: MERRITT, CLAY, and GILMAN, Circuit Judges.

OPINION

CLAY, Circuit Judge.

The question before us is whether Petitioner's motion to set aside his conviction was timely filed pursuant to 28 U.S.C. § 2255 ¶ 6. A new interpretation of 18 U.S.C. § 924(c)(1) in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995) exonerates Petitioner in this case of his firearm conviction. The Supreme Court made Bailey retroactive in

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