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BUSIC v. UNITED STATES

No. 78-6020.

446 U.S. 398 (1980)

100 S.Ct. 1747

64 L.Ed.2d 381

BUSIC v. UNITED STATES.

Supreme Court of United States.

Decided May 19, 1980.

Attorney(s) appearing for the Case

Samuel J. Reich, by appointment of the Court, 444 U.S. 820, argued the cause and filed briefs for petitioner in No. 78-6020. Gerald Goldman, by appointment of the Court, 444 U.S. 1030, argued the cause and filed briefs for petitioner in No. 78-6029.

Mark I. Levy argued the cause for the United States in both cases. With him on the brief were Solicitor General McCree, Assistant Attorney General Heymann, and Deputy Solicitor General Frey.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Title 18 U. S. C. § 924 (c) authorizes the imposition of enhanced penalties on a defendant who uses or carries a firearm while committing a federal felony. The question for decision in these cases is whether that section may be applied to a defendant who uses a firearm in the course of a felony that is proscribed by a statute which itself authorizes enhancement if a dangerous weapon is used. We hold that...

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