of the District for further proceedings. The matter is now before this Court by random draw. BACKGROUND Petitioner and five others were charged in an eighteen count indictment alleging, inter alia, conspiracy to possess with the intent to distribute heroin, cocaine and crack cocaine and using and carrying firearms during the commission of a drug felony. On May 21,1992, Petitioner plead guilty to conspiracy to possess with the intent to distribute narcotics (Count I of the Indictment) and using and carrying a firearm during the commission of a narcotics offense pursuant to § 924(c) (Count XVIII of the Indictment). He was sentenced to seventy-eight months for the conspiracy charge and sixty months consecutive fo (E.D.N.C. 1996) and Mayes v. United States, 937 F.Supp. 659 (E.D.Mich.1996) (<HOLDING>). This Court agrees with the latter view,
holding that defendant may be subject to death penalty on resentencing holding that pepper did not allow petitioner to seek a resentencing under  2255 holding that resentencing is required holding that courts limited jurisdiction precludes twolevel increase on resentencing holding that constitution and courts jurisdiction allow for twolevel increase on resentencing