BROADWAY v. U.S.

No. 96-2538.

104 F.3d 901 (1997)

Michael A. BROADWAY, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1997.


Attorney(s) appearing for the Case

James I. Marcus (argued), Williams & Marcus, Chicago, IL, for Petitioner-Appellee.

Richard N. Cox, Office of the United States Attorney, Urbana Division, Urbana, IL, for Respondent-Appellant.

Before POSNER, Chief Judge, and CUDAHY and DIANE P. WOOD, Circuit Judges.


CUDAHY, Circuit Judge.

When Michael Broadway was arrested in 1990, he had 50 packets of crack cocaine in one pants pocket and a gun in the other. In addition to a drug offense, a jury convicted him of carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). He now argues that a recent Supreme Court decision, Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), invalidates his...

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