United States v. Robert Morris

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Before the decision of the Supreme Court in Bailey v. United States, - U.S.-, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a person guilty of certain offenses (mainly drug offenses) could also be found guilty of “us[ing]” a firearm in violation of 18 U.S.C. § 924(c) if the weapon were sufficiently accessible to the defendant to be available for active use during commission of the predicate crime. See id. at-, 116 S.Ct. at 505, citing United States v. Bailey, 36 F.3d 106, 115 (D.C.Cir.1994) (en banc). The §…