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U.S. v. MORRIS

Nos. 96-3070, 96-3071.

116 F.3d 501 (1997)

UNITED STATES of America, Appellee, v. Robert MORRIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 1997.

Attorney(s) appearing for the Case

August E. Flentje, Student Counsel, argued the cause for appellant. With him on the brief were Steven H. Goldblatt, Washington, DC, appointed by the court, and Jennifer K. Godsil, Student Counsel.

Mary-Patrice Brown, Assistant U.S. Attorney, Washington, DC, argued the cause for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Attorney, John R. Fisher, Thomas J. Tourish, Jr., and John M. Facciola, Assistant U.S. Attorneys.

Before EDWARDS, Chief Judge, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Before the decision of the Supreme Court in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), a person guilty of certain offenses (mainly drug offenses) could also be found guilty of "us[ing]" a firearm in violation of 18 U.S.C. § 924(c) if the weapon were sufficiently accessible to the defendant to be available for active...

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