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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 f

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  • Bailey v. United States (en)
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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 f (en)
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  • (en)
  • Ronald J. Bailey v. United States of America; Candisha Summerita Robinson v. United States of America (en)
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  • unanimous (en)
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  • (en)
  • Act of Nov. 3, 1998, Pub. L. No. 105-386, 112 Stat. 3469 (en)
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  • Bailey v. United States, (en)
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  • Ronald J. Bailey v. United States of America; Candisha Summerita Robinson v. United States of America (en)
Holding
  • "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. (en)
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  • Bailey v. United States (en)
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  • O'Connor (en)
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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. (en)
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