Bailey v. United States
http://dbpedia.org/resource/Bailey_v._United_States an entity of type: Thing
Bailey v. United States, 516 U.S. 137 (1995), was a United States Supreme Court case in which the Court interpreted a frequently used section of the federal criminal code. At the time of the decision, 18 U.S.C. § 924(c) imposed a mandatory, consecutive five-year prison term on anyone who "during and in relation to any... drug trafficking crime... uses a firearm." The lower court had sustained the defendants' convictions, defining "use" in such a way as to mean little more than mere possession. The Supreme Court ruled instead that "use" means "active employment" of a firearm, and sent the cases back to the lower court for further proceedings. As a result of the Court's decision in Bailey, Congress amended the statute to expressly include possession of a firearm as requiring the additional f
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Bailey v. United States
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Ronald J. Bailey v. United States of America; Candisha Summerita Robinson v. United States of America
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Act of Nov. 3, 1998, Pub. L. No. 105-386, 112 Stat. 3469
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137
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516
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1995
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Bailey v. United States,
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1995
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Ronald J. Bailey v. United States of America; Candisha Summerita Robinson v. United States of America
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"Use" of a firearm during or in relation to a drug crime or a crime of violence requires active employment of the firearm and not mere possession.
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Bailey v. United States
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O'Connor
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Bailey v. United States, 516 U.S. 137 (1995), was a United States Supreme Court case in which the Court interpreted a frequently used section of the federal criminal code. At the time of the decision, 18 U.S.C. § 924(c) imposed a mandatory, consecutive five-year prison term on anyone who "during and in relation to any... drug trafficking crime... uses a firearm." The lower court had sustained the defendants' convictions, defining "use" in such a way as to mean little more than mere possession. The Supreme Court ruled instead that "use" means "active employment" of a firearm, and sent the cases back to the lower court for further proceedings. As a result of the Court's decision in Bailey, Congress amended the statute to expressly include possession of a firearm as requiring the additional five-year prison term.
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