In Brache v. United States, 165 F.3d 99, 102 (1999), this court declined to limit Bousley to petitions attacking guilty pleas and applied Bousley to an attack on a conviction after trial.
In February 1997, the district court denied the motion. See Brache v. United States, 957 F. Supp. 20 (D.R.I. 1997). The district court assumed that Bailey would apply "retroactively" to a conviction that became final before Bailey — as the Supreme Court later confirmed in Bousley v. United States, 118 S.Ct. 1604, 1609-10 (1998) — but concluded that the evidence warranted Brache's conviction under the "carry" prong of the statute.
