District Court, S.D. New York April 17, 2001, 00 Civ. 9097(SHS) No. 94 CR. 631(SHS) (Beatty v. United States)

*456

OPINION & ORDER

STEIN, District Judge.

Duane Beatty brings this pro se petition, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence for possession with intent to distribute “crack” cocaine in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(B). He contends that: (1) his sentence violated his due process rights pursuant to

Jones v. United States,

526 U.S.