bailey
argued
october
decided
december
petitioners
bailey
robinson
convicted
federal
drug
offenses
violating
relevant
part
imposes
prison
term
upon
person
relation
drug
trafficking
crime
uses
carries
firearm
bailey
conviction
based
loaded
pistol
police
found
inside
bag
locked
car
trunk
arrested
possession
cocaine
revealed
search
car
passenger
compartment
unloaded
holstered
firearm
provided
basis
robinson
conviction
found
locked
trunk
bedroom
closet
arrested
number
offenses
evidence
either
case
defendant
actively
employed
firearm
way
consolidating
cases
affirming
convictions
appeals
sitting
en
banc
applied
accessibility
proximity
test
determine
use
within
meaning
holding
cases
gun
sufficiently
accessible
proximate
drugs
drug
proceeds
jury
properly
infer
defendant
placed
gun
order
drug
offenses
protect
possession
drugs
held
section
requires
evidence
sufficient
show
active
employment
firearm
defendant
use
makes
page
ii
firearm
operative
factor
relation
predicate
offense
evidence
proximity
accessibility
firearm
drugs
drug
proceeds
alone
sufficient
support
conviction
use
statute
pp
although
appeals
correctly
ruled
use
must
connote
mere
possession
firearm
person
commits
drug
offense
accessibility
proximity
standard
renders
use
virtually
synonymous
possession
makes
role
statutory
word
carries
superfluous
section
language
instead
indicates
congress
intended
use
active
sense
avail
oneself
smith
reading
receives
support
context
within
statutory
scheme
neither
section
amendment
history
smith
supra
contrary
thus
sustain
conviction
use
prong
government
must
show
defendant
actively
employed
firearm
relation
predicate
crime
reading
use
includes
acts
brandishing
displaying
bartering
striking
firing
attempting
fire
firearm
well
making
reference
firearm
defendant
possession
include
mere
placement
firearm
protection
near
site
drug
crime
proceeds
paraphernalia
nearby
concealment
gun
ready
imminent
confrontation
pp
evidence
insufficient
support
either
bailey
robinson
conviction
use
reading
word
pp
however
appeals
consider
liability
carry
prong
basis
upholding
convictions
cases
must
remanded
delivered
opinion
unanimous
page
together
robinson
also
certiorari
bailey
justice
delivered
opinion
consolidated
petitions
challenge
conviction
relevant
part
section
imposes
minimum
term
imprisonment
upon
person
relation
crime
violence
drug
trafficking
crime
uses
carries
firearm
asked
decide
whether
evidence
proximity
accessibility
firearm
drugs
drug
proceeds
alone
sufficient
support
conviction
use
firearm
relation
drug
trafficking
offense
may
petitioner
roland
bailey
stopped
police
officers
noticed
car
lacked
front
license
plate
inspection
sticker
bailey
failed
produce
driver
license
officers
bailey
ordered
car
stepped
officers
saw
bailey
push
something
seat
front
console
search
passenger
compartment
revealed
one
round
ammunition
plastic
bags
containing
total
grams
cocaine
arresting
bailey
officers
searched
trunk
car
found
among
number
items
large
amount
cash
bag
containing
loaded
pistol
bailey
charged
several
counts
including
using
carrying
firearm
violation
prosecution
expert
testified
trial
drug
dealers
frequently
carry
firearm
protect
drugs
money
well
bailey
convicted
jury
charges
sentence
included
consecutive
term
imprisonment
conviction
appeals
district
columbia
circuit
rejected
bailey
claim
evidence
insufficient
support
conviction
bailey
cadc
held
bailey
convicted
using
firearm
relation
drug
trafficking
crime
jury
reasonably
infer
gun
facilitated
bailey
commission
drug
offense
bailey
case
explained
trier
fact
reasonably
infer
bailey
used
gun
trunk
protect
drugs
drug
proceeds
facilitate
sales
judge
douglas
ginsburg
dissenting
part
argued
prior
circuit
precedent
required
reversal
bailey
conviction
june
undercover
officer
made
controlled
buy
crack
cocaine
petitioner
candisha
robinson
officer
observed
robinson
retrieve
drugs
bedroom
apartment
second
controlled
buy
police
executed
search
warrant
apartment
inside
locked
trunk
bailey
bedroom
closet
police
found
among
things
unloaded
holstered
derringer
papers
tax
return
belonging
robinson
grams
crack
cocaine
marked
bill
first
controlled
buy
robinson
indicted
number
counts
including
using
carrying
firearm
violation
prosecution
expert
testified
derringer
second
gun
type
gun
drug
dealer
might
hide
person
use
reaching
real
gun
expert
also
testified
drug
dealers
generally
use
guns
protect
dealers
police
employees
robinson
convicted
counts
including
count
received
term
imprisonment
district
denied
robinson
motion
judgment
acquittal
respect
using
carrying
conviction
ruled
evidence
sufficient
establish
violation
divided
panel
appeals
reversed
robinson
conviction
count
robinson
cadc
determined
iven
way
section
drafted
even
individual
intends
use
firearm
connection
drug
trafficking
offense
conduct
individual
reached
statute
unless
individual
actually
uses
firearm
purpose
held
robinson
possession
unloaded
derringer
locked
trunk
bedroom
closet
fell
significantly
short
type
evidence
previously
held
necessary
establish
actual
use
mere
proximity
gun
drugs
held
insufficient
support
conviction
judge
henderson
dissented
arguing
among
things
firearm
facilitated
robinson
distribution
drugs
protected
robinson
drugs
sales
bailey
order
resolve
apparent
inconsistencies
decisions
applying
appeals
district
columbia
circuit
consolidated
two
cases
reheard
en
banc
divided
opinion
majority
held
evidence
sufficient
establish
defendant
used
firearm
relation
drug
trafficking
offense
affirmed
conviction
case
cadc
en
banc
majority
rejected
multifactor
weighing
approach
determine
sufficiency
evidence
support
conviction
district
columbia
circuit
previously
applied
nonexclusive
set
factors
including
accessibility
gun
proximity
drugs
whether
loaded
type
weapon
involved
whether
expert
testimony
supported
government
theory
use
majority
explained
approach
invited
reviewing
reweigh
evidence
make
finding
respect
ultimate
fact
function
properly
left
jury
produced
widely
divergent
contradictory
results
step
broader
definition
use
employed
circuits
replaced
multifactor
test
accessibility
proximity
test
hold
one
uses
gun
avails
oneself
gun
therefore
violates
whenever
one
puts
keeps
gun
particular
place
one
one
agent
gain
access
needed
facilitate
drug
crime
applied
new
standard
affirmed
convictions
bailey
robinson
cases
determined
gun
sufficiently
accessible
proximate
drugs
drug
proceeds
jury
properly
infer
defendant
placed
gun
order
drug
offenses
protect
possession
drugs
bailey
judge
wald
dissent
argued
previous
multifactor
test
provided
better
standard
appellate
review
convictions
judge
williams
joined
judges
silberman
buckley
also
dissented
explained
understanding
use
denoted
active
employment
firearm
rather
possession
contingent
intent
use
articulating
proximity
plus
accessibility
test
however
effect
diluted
use
mean
simply
possession
floating
intent
use
ibid
debate
within
district
columbia
circuit
illustrates
source
much
perplexity
courts
circuits
conflict
standards
articulated
compare
mere
possession
sufficient
satisfy
cert
denied
mere
possession
insufficient
results
reached
compare
presence
gun
dresser
drawer
apartment
drugs
drug
proceeds
paraphernalia
insufficient
meet
mcfadden
evidence
gun
hidden
mattress
money
near
drugs
sufficient
show
use
hager
cert
denied
gun
boots
living
room
near
drugs
used
granted
certiorari
clarify
meaning
use
ii
section
requires
imposition
specified
penalties
defendant
relation
bailey
crime
violence
drug
trafficking
crime
uses
carries
firearm
petitioners
argue
use
signifies
active
employment
firearm
respondent
opposes
definition
defends
proximity
accessibility
test
adopted
appeals
agree
petitioners
hold
requires
evidence
sufficient
show
active
employment
firearm
defendant
use
makes
firearm
operative
factor
relation
predicate
offense
case
first
one
grappled
proper
understanding
use
smith
faced
question
whether
barter
gun
drugs
use
concluded
smith
debate
smith
illustrated
word
use
poses
interpretational
difficulties
different
meanings
attributable
consider
paradoxical
statement
use
gun
protect
house
never
use
use
draws
meaning
context
look
word
also
statute
sentencing
scheme
determine
meaning
congress
intended
agree
majority
use
must
connote
mere
possession
firearm
person
commits
drug
offense
see
accord
supra
theodoropoulos
wilson
congress
intended
possession
alone
trigger
liability
easily
provided
obvious
conclusion
supported
frequent
use
term
possess
statutes
describe
prohibited
conduct
see
appeals
erred
conclusion
use
means
mere
possession
standard
evaluating
whether
involvement
bailey
firearm
amounted
something
mere
possession
proximity
accessibility
standard
provides
almost
limitation
kind
possession
criminalized
practice
nearly
every
possession
firearm
person
engaged
drug
trafficking
satisfy
standard
thereby
eras
ing
line
statutes
courts
tried
draw
mcfadden
supra
breyer
dissenting
rather
requiring
actual
use
district
columbia
circuit
criminalize
simpl
possession
floating
intent
use
williams
dissenting
shortcomings
test
succinctly
explained
judge
williams
dissent
majority
attempts
concept
facilitation
thereby
use
twin
guideposts
proximity
accessibility
ultimate
result
possession
amounts
use
possession
enhances
defendant
confidence
congress
intended
need
mentioned
possession
regard
majority
test
either
broad
assure
automatic
affirmance
jury
conviction
broad
unlikely
produce
clear
guideline
citations
omitted
conclusion
conviction
use
firearm
requires
showing
mere
possession
requires
us
answer
difficult
question
must
government
show
beyond
mere
possession
establish
use
purposes
statute
conclude
language
bailey
context
history
indicate
government
must
show
active
employment
firearm
start
must
language
statute
see
ron
pair
enterprises
word
use
statute
must
given
ordinary
natural
meaning
meaning
variously
defined
convert
one
service
employ
avail
oneself
carry
purpose
action
means
smith
supra
slip
internal
quotation
marks
omitted
citing
webster
new
international
dictionary
english
language
ed
black
law
dictionary
ed
various
definitions
use
imply
action
implementation
see
also
mcfadden
breyer
dissenting
ordinary
meanings
words
use
carry
connote
activity
beyond
simple
possession
consider
bare
meaning
word
also
placement
purpose
statutory
scheme
meaning
statutory
language
plain
depends
context
brown
gardner
slip
citing
king
vincent
looking
past
word
use
read
assumption
congress
intended
terms
meaning
judges
hesitate
treat
surplusage
statutory
terms
setting
resistance
heightened
words
describe
element
criminal
offense
ratzlaf
slip
congress
specified
two
types
conduct
firearm
uses
carries
government
reading
use
includes
even
action
defendant
puts
gun
place
protect
drugs
embolden
reading
breadth
role
remains
bailey
carry
government
admits
meanings
use
carry
converge
interpretation
maintains
overlap
product
particular
history
therefore
government
argues
canon
construction
instructs
legislature
presumed
used
superfluous
words
platt
union
pacific
inapplicable
brief
disagree
nothing
indicates
congress
provided
two
terms
intended
understood
redundant
assume
congress
used
two
terms
intended
term
particular
nonsuperfluous
meaning
broad
reading
use
undermines
virtually
function
carry
limited
active
interpretation
use
preserves
meaningful
role
carries
alternative
basis
charge
interpretation
enunciate
today
firearm
used
without
carried
offender
gun
display
transaction
barters
firearm
without
handling
firearm
carried
without
used
offender
keeps
gun
hidden
clothing
throughout
drug
transaction
reading
receives
support
context
observed
smith
using
firearm
different
meaning
slip
see
also
savings
assn
timbers
inwood
forest
provision
may
seem
ambiguous
isolation
often
clarified
remainder
statutory
scheme
section
provides
forfeiture
firearm
used
intended
used
bailey
certain
crimes
provision
congress
recognized
distinction
firearms
used
commission
crime
intended
used
provided
forfeiture
weapon
even
used
however
liability
attaches
cases
actual
use
intended
use
offender
places
firearm
intent
use
later
necessary
difference
two
provisions
demonstrates
congress
meant
broaden
application
statute
beyond
actual
use
congress
specified
amendment
history
casts
light
congress
intended
meaning
original
version
passed
read
whoever
uses
firearm
commit
felony
may
prosecuted
carries
firearm
unlawfully
commission
felony
may
prosecuted
phrase
uses
commit
indicates
congress
originally
intended
reach
situation
firearm
actively
employed
commission
crime
original
language
stretched
far
cover
firearm
played
detectable
role
crime
commission
example
defendant
stored
gun
nearby
closet
retrieval
case
deal
went
sour
use
firearm
commit
crime
version
also
shows
use
carry
employed
distinctly
different
meanings
congress
amendment
altered
scope
predicate
offenses
felony
crime
bailey
violence
removed
unlawfully
requirement
merged
uses
carries
prongs
substituted
relation
predicate
crimes
earlier
provisions
linking
firearm
predicate
crimes
raised
minimum
sentence
five
years
stat
government
argues
amendment
stripped
uses
carries
qualifications
commit
unlawfully
originally
gave
distinct
meanings
terms
understood
overlap
course
smith
recognized
congress
subsequent
amendments
employed
use
expansively
cover
use
weapon
use
item
barter
see
smith
supra
slip
evidence
indicate
congress
intended
expand
meaning
use
far
swallow
significance
carry
congress
intended
deprive
use
active
connotations
simply
substituted
appropriate
term
possession
cover
conduct
wished
reach
government
nonetheless
argues
observation
smith
language
sweeps
broadly
slip
precludes
limiting
use
active
employment
decision
today
inconsistent
smith
although
declined
limit
use
meaning
use
weapon
interpretation
nonetheless
adhered
active
meaning
term
smith
clear
defendant
used
gun
question
whether
particular
use
bartering
came
within
meaning
smith
address
question
face
today
evidence
required
permit
jury
find
firearm
used
illustrate
activities
fall
within
definition
use
provided
briefly
describe
bailey
activities
fall
within
active
employment
firearm
understanding
use
certainly
includes
brandishing
displaying
bartering
striking
obviously
firing
attempting
fire
firearm
note
reading
compels
conclusion
even
offender
reference
firearm
possession
satisfy
thus
reference
firearm
calculated
bring
change
circumstances
predicate
offense
use
silent
obvious
forceful
presence
gun
table
use
example
given
use
gun
protect
house
never
use
shows
use
takes
different
meanings
depending
context
first
phrase
example
use
refers
ongoing
inactive
function
fulfilled
firearm
sense
use
underlies
government
contention
placement
protection
placement
firearm
provide
sense
security
embolden
constitutes
use
follows
according
argument
gun
placed
closet
used
mere
presence
emboldens
protects
owner
disagree
reading
mere
possession
firearm
drug
offender
near
site
drug
crime
proceeds
paraphernalia
use
offender
availability
intimidation
attack
defense
always
presumably
embolden
comfort
offender
inert
presence
firearm
without
enough
trigger
perhaps
nonactive
nature
asserted
use
clearer
synonym
used
storage
defendant
charged
merely
storing
weapon
near
drugs
drug
proceeds
storage
firearm
without
active
employment
reasonably
distinguishable
possession
possibly
difficult
question
arises
bailey
offender
conceals
gun
nearby
ready
imminent
confrontation
cf
wald
dissenting
discussing
distinction
firearm
accessibility
drugs
drug
proceeds
accessibility
defendant
might
argue
offender
actively
employed
gun
hiding
grab
use
necessary
view
use
extend
encompass
action
gun
disclosed
mentioned
offender
actively
employed
used
conclude
otherwise
distort
language
statute
well
create
impossible
problem
ready
firearm
within
arm
reach
room
house
long
confrontation
place
five
minutes
hours
placement
later
active
use
constitute
use
alternative
rationale
placement
ready
use
placement
made
intent
put
firearm
future
active
use
also
fails
discussed
demonstrates
congress
knew
draft
statute
reach
firearm
intended
used
chose
include
term
instead
established
mandatory
minimum
defendants
actually
use
firearm
undeniable
reading
use
restricts
scope
government
often
means
available
charge
offenders
mix
guns
drugs
carry
prong
example
brings
offenders
satisfy
use
prong
within
reach
statute
sentencing
guidelines
provides
enhancement
person
convicted
certain
offenses
firearm
possessed
offense
sentencing
commission
guidelines
manual
word
use
support
extended
bailey
applications
prosecutors
sometimes
placed
order
penalize
offenders
firearms
possession
test
set
forth
appeals
renders
use
virtually
synonymous
possession
makes
role
carry
superfluous
language
supported
history
context
compels
conclusion
congress
intended
use
active
sense
avail
oneself
sustain
conviction
use
prong
government
must
show
defendant
actively
employed
firearm
relation
predicate
crime
ii
determined
use
denotes
active
employment
must
conclude
evidence
insufficient
support
either
bailey
robinson
conviction
use
police
stopped
bailey
traffic
offense
arrested
finding
cocaine
driver
compartment
car
police
found
firearm
inside
bag
locked
car
trunk
evidence
bailey
actively
employed
firearm
way
robinson
case
unloaded
holstered
firearm
provided
basis
conviction
found
locked
footlocker
bedroom
closet
evidence
showed
robinson
actively
employed
firearm
reverse
judgments
bailey
robinson
charged
use
carry
prongs
appeals
consider
liability
carry
prong
bailey
robinson
remand
consideration
basis
upholding
convictions
ordered