United States Supreme Court.https://leagle.com/images/logo.png
Argued March 3, 1998.
Decided May 18, 1998.
Attorney(s) appearing for the Case
L. Marshall Smith, by appointment of the Court, 522 U.S. 946, argued the cause and filed briefs for petitioner.
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solici-tor General Waxman, Acting Assistant Attorney General Keeney, Roy W. McLeese III, and Vicki S. Marani.
Thomas C. Walsh, by invitation of the Court, 522 U.S. 990, argued the cause as amicus curiae urging affirmance. With him on the brief was Brian C. Walsh.*
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in part and dissenting in part, p. 625. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 629.
United States Supreme Court.
Chief Justice Rehnquist delivered the opinion of the Court.
Petitioner pleaded guilty to "using" a firearm in violation of 18 U. S. C. § 924(c)(1) in 1990. Five years later we held in Bailey v. United States,516 U.S. 137, 144 (1995), that § 924(c)(1)'s "use" prong requires the Government to show "active employment of the firearm." Petitioner meanwhile had sought collateral relief under 28 U. S. C. § 2255...
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