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U.S. v. GREEN

No. 99-3083.

254 F.3d 167 (2001)

UNITED STATES of America, Appellee, v. William Austin GREEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2001.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A. J. Kramer, Federal Public Defender.

Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and John R. Fisher, Mary-Patrice Brown and Robert D. Okun, Assistant U.S. Attorneys.

Before: EDWARDS, Chief Judge, GARLAND, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

William Austin Green was convicted in 1991 for "using or carrying" a firearm during and in relation to a violent crime, in violation of 18 U.S.C. § 924(c)(1). After an unsuccessful direct appeal, Green brought a collateral challenge to his conviction pursuant to 28 U.S.C. § 2255. He contends that in light of Bailey v. United States, 516 U.S. 137

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