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NAPIER v. U.S.

No. 96-6098.

159 F.3d 956 (1998)

Ralph NAPIER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Fred E. Peters (briefed), Lexington, KY, for Petitioner-Appellant.

Frances E. Catron, Asst. U.S. Attorney (briefed), Office of U.S. Attorney, Lexington, KY, for Respondent-Appellee.

Before: MARTIN, Chief Judge; NORRIS and CLAY, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Ralph Napier is before this Court on a motion to vacate filed under 28 U.S.C. § 2255. Napier has challenged the five-year sentence he received under 18 U.S.C. § 924(c) for using or carrying a firearm during the commission of a drug trafficking crime. Napier argues that his sentence should be vacated in light of the Supreme Court's decision in Bailey v. United States, 516 U.S. 137...

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