By Gina Tabonares
Variety News Staff

THE North Carolina District Court transferred a petition filed by a federal prisoner to the Guam District Court to rule on the petitioner’s motion for summary judgment.
The U.S. court responded to the petition filed by Frank Eugene May, who is challenging his conviction and sentence.
May was convicted of importation of cocaine, use of a communication facility to import cocaine, and being a felon in possession of a firearm.
On Dec. 17 1993, May was sentenced to more than 27 years imprisonment with three years of supervised release.
In 1995, he filed an appeal with the Ninth Circuit Court of Appeals but the higher court affirmed his conviction.
Following the court of appeals decision, May filed a motion to vacate, set aside or correct sentence in the District Court of Guam and argued that the precedent governing his sentence was incorrect because the shipping of a controlled substance from California to Guam through international airspace does not constitute importation.