18 U.S.C. 924(c)(l)(A) criminalizes the "use" of a firearm during and in relation to
a drug trafficking offense and imposes a mandatory consecutive sentence of at
least five years' imprisonment. In Bailey v. United States, 516 U.S. 137 (1995), this
Court held that "use" of a firearm under 924(c) means "active employment." Id. at
144. The question presented in this case is:
Whether mere receipt of an unloaded firearm as payment for drugs constitutes
"use" of the firearm during and in relation to a drug trafficking offense within the
meaning of 18 U.S.C. 924(c)(l)(A) and this Court's decision in Bailey.