Fair V. United States

The petitioner-appellant, Buford Dale Fair ("Fair"), has moved under 28 U.S.C.A. § 2255 *fn1 to vacate, set aside, or correct his sentence imposed following his May 12, 1988 jury conviction for one count of using and carrying firearms "during and in relation to" the commission of a drug trafficking offense. *fn2 On August 8, 1998, the district court condemned Fair pursuant to 18 U.S.C.A. § 924(c) *fn3 to 60 months in the federal correctional system for this offense, to run consecutively to his conspiracy and aiding and abetting distribution sentences. On December 16, 1996, Fair complained, via section 2255 motion, that insufficient trial evidence supported his section 924(c) conviction in light of Bailey v. United States, 516 U.S. 137 (1995), and that the trial court's section 924(c) jury charge erroneously stated the pertinent law as defined by Bailey and thus unconstitutionally deprived him of a fair trial. Fair now challenges the district court's rejection of his section 2255 petition.