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UNITED STATES v. TOLLIVER

Nos. 96 C 1603, 93 CR 444.

954 F.Supp. 164 (1996)

UNITED STATES of America, Plaintiff, v. Rodney TOLLIVER, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 30, 1996.

Attorney(s) appearing for the Case

Lori E. Lightfoot, Asst. U.S. Atty., U.S. Attorney's Office, Chicago, IL, for U.S.

Rodney A. Tolliver, Sandstone, MN, pro se.

MEMORANDUM OPINION

KOCORAS, District Judge:

Petitioner Rodney Tolliver ("Tolliver") has filed this present motion under 28 U.S.C. § 2255 seeking to have this court vacate, set aside, or correct his sentence for a violation of 18 U.S.C. § 924(c)(1) pursuant to the recent Supreme Court decision of Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Bailey modified the

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