Osker McNeal v. United States

BEAM, Circuit Judge.

Osker McNeal appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his conviction for using or carrying a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c). McNeal challenged his firearm conviction based on Bailey v. United States, 516 U.S. 137, 143, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a case in which the Supreme Court held that “use” of a firearm must connote more than “mere possession,” and requires “active employment” of a weapon. The district court 1 found that the claim was…