Watson v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Watson v. United States

Documents

Prior Decision

Lower court opinion, 191 Fed. Appx. 326, 2006 WL 2061900 (5th Cir. 2006), cert. granted, 2/26/07.

Question Presented

18 U.S.C. § 924(c)(1) 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 the 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)(1)(A) and the Supreme Court’s decision in Bailey.

 

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Author(s)

Jeffrey Green, Sidley Austin, L.L.P., and the Northwestern Law School Supreme Court Clinic.

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