Legal Opinion

Bousley v. United States

Supreme Court of the United States

Decided May 18, 1998No. 96-8516PublishedCited by 5,133 opinions

1Opinion of the CourtChief Justice Rehnquist

Petitioner pleaded guilty to “using” a firearm in violation of 18 U. S. C. § 924(c)(1) in 1990. Five years later we held in Bailey v. United States, 516 U. S. 137, 144 (1995), that § 924(c)(1)’s “use” prong requires the Government to show “active employment of the firearm.” Petitioner meanwhile had sought collateral relief under 28 U. S. C. §2255, claiming that his guilty plea was not knowing and intelligent because he was misinformed by the District Court as to the nature of the charged crime. We hold that, although this claim was proeedurally defaulted, petitioner may be entitled to a…

2Cases cited30 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. Wainwright v. SykesSupreme Court of the United States · 1977
  5. Teague v. LaneSupreme Court of the United States · 1989

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3Cited by5,133 opinions

  1. McQuiggin v. PerkinsSupreme Court of the United States · 2013
  2. Strickler v. GreeneSupreme Court of the United States · 1999
  3. Gonzalez v. CrosbySupreme Court of the United States · 2005
  4. Massaro v. United StatesSupreme Court of the United States · 2003
  5. Montgomery v. LouisianaSupreme Court of the United States · 2016

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