District Court, D. Puerto Rico April 4, 1997, Civil No. 96-2292(RLA); Criminal No. 92-191(RLA) (Reyes Mercado v. United States)

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ORDER DISMISSING 28 U.S.C. § 2255 PETITION

ACOSTA, District Judge.

DOMINGO REYES MERCADO has petitioned the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, to vacate Count Four of his conviction and amend his judgment of conviction accordingly.1

Mr. REYES MERCADO claims that due to the recent holding of the United States Supreme Court in Bailey v. United States, — U.S.