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JONES v. U.S.

No. 97-5029.

153 F.3d 1305 (1998)

John David JONES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 10, 1998.

Attorney(s) appearing for the Case

Stephen K. Johnson, Gainesville, FL, for Petitioner-Appellant.

William Keefer, U.S. Atty., Dawn Bowen, Eduardo I. Sanchez, Stephen Schlessinger, Miami, FL, for Respondent-Appellee.

Before HATCHETT, Chief Judge, BLACK, Circuit Judge, and KRAVITCH, Senior Circuit Judge.

BLACK, Circuit Judge:

In July 1994, Appellant John David Jones pled guilty to one count of possessing cocaine with the intent to distribute it, in violation of 21 U.S.C. § 841(a)(1), and one count of using and carrying one or more firearms during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c). Appellant did not file a direct appeal. After the Supreme Court issued its decision in Bailey v. United States,

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