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U.S. v. TOLSON

Crim. Action No. 93-0055-02 (JHG).

935 F.Supp. 17 (1996)

UNITED STATES of America v. Jerome TOLSON, Defendant.

United States District Court, District of Columbia.

July 22, 1996.

Attorney(s) appearing for the Case

Santha Sonenberg, Federal Public Defender for D.C., Washington, DC, Jonathan Frederick Love, Wilkerson & Seamon, Washington, DC, for defendant Jerome Stewart Tolson.

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

MEMORANDUM OPINION AND ORDER

JOYCE HENS GREEN, District Judge.

This matter is before the Court on the defendant's motion under 28 U.S.C. § 2255 to vacate his conviction under 18 U.S.C. § 924(c) based upon Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995).1

While the government concedes that the 924(c) conviction cannot stand after Bailey, it has requested that...

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