U.S. v. JOSEPH

No. 96-1507.

109 F.3d 34 (1997)

UNITED STATES, Appellee, v. Edwin P. JOSEPH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 20, 1997.


Attorney(s) appearing for the Case

Louis F. Robbio, Providence, RI, with whom Robbio & Nottie, Ltd. was on brief, for appellant.

Margaret E. Curran, Assistant United States Attorney, and Sheldon Whitehouse, United States Attorney, were on brief, for appellee.

Before CYR, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.


LEVIN H. CAMPBELL, Senior Circuit Judge.

This is an appeal from the district court's partial denial of defendant-appellant Edwin P. Joseph's 28 U.S.C. § 2255 motion. The district court, applying the Supreme Court's recent decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), dismissed Joseph's 1991 conviction under 18 U.S.C. § 924(c) (use of a firearm during and in relation to a drug trafficking crime), and vacated...

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