U.S. v. COTTON

No. 96-1242.

101 F.3d 52 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Floyd Elodius COTTON, Sr., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 1996.


Attorney(s) appearing for the Case

Stephen B. Clark (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellant.

Andrea L. Smith (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellee.

Before CUMMINGS, EASTERBROOK, and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

This is yet another case raising questions in the wake of the Supreme Court's 1995 decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472. Our opinion today will make clear that Bailey has no effect on a portion of 18 U.S.C. § 924(c)(1), the statute that penalizes using or carrying a firearm during and in relation to a drug trafficking crime.

Today's case takes us to Venice, Illinois...

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