Brache v. United States

BOUDIN, Circuit Judge.

Juan Brache sought collateral relief under 28 U.S.C. § 2255 from a jury conviction under 18 U.S.C. § 924(c)(1) for using or carrying a firearm during and in relation to a drug-trafficking crime. Brache claimed that the jury instruction as to “use” of a firearm under section 924(e)(1) was overbroad — measured by the definition later adopted by Bailey v. United States, 516 U.S. 137, 143-46, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Although the government admits that the instruction was not correct, it argues (and the district court agreed) that relief was not warranted. We…