GRANTING MOTION TO VACATE CONVICTION PURSUANT TO 28 U.S.C. § 2255 GADOLA, District Judge. A. Petitioner’s § 2255 Motion Petitioner was convicted of conspiracy to distribute controlled substances, use of a fir (E.D.N.C. 1996) (<HOLDING>), and Mixon v. United States, 926 F.Supp. 178
holding that courts limited jurisdiction precludes twolevel increase on resentencing holding that defendant may be subject to death penalty on resentencing holding that resentencing is required holding that pepper did not allow petitioner to seek a resentencing under  2255 holding that constitution and courts jurisdiction allow for twolevel increase on resentencing