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Watson v. United States
No. 06-571 Title:
Michael A. Watson v. United States

Subject:
18 U.S.C. 924(c)(l)(A), Criminal Law & Procedure, Firearm Use, Sentencing
Question:
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.
Decisions:

U.S. Court of Appeals - 5th Circuit Unpublished Opinion Filed: July 25, 2006
United States Supreme Court, Cert. Granted: February 26, 2007

Resources:

Docket Sheet From the U.S. Supreme Court.
Briefs:

Parties
Coming Soon
Counsel of Record

For Petitioner:

Mark T. Stancil
Robbins, Russell, Englert, Orseck & Untereiner, LLP
Washington, DC
For Respondent:

Paul D. Clement
U.S. Solicitor General
Washington, DC

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