United States v. Melendez

This ease was before us earlier on appeal from a judgment entered by the United States District Court for the Southern District of New York (Ward, J.) convicting Hector Colon of, inter alia, violating 18 U.S.C. § 924(e)(1), which enhances by thirty years the prison term of any person who “during and in relation to any ... drug trafficking crime ... uses or carries a firearm” when that firearm is a machine gun. See United States v. Melendez, 60 F.3d 41 (2d Cir.1995). In Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the Supreme Court held that a defendant cannot be…