U.S. v. PERKINS

No. 96-3138.

161 F.3d 66 (1998)

UNITED STATES of America, Appellee, v. Daniel Joseph PERKINS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 1998.


Attorney(s) appearing for the Case

Evelina J. Norwinski, Assistant Federal Public Defender, argued the cause for appellant. A. J. Kramer, Federal Public Defender, was on the briefs.

T. Anthony Quinn, Assistant U.S. Attorney, argued the cause for appellee. Wilma A. Lewis, U.S. Attorney, John R. Fisher and Thomas J. Tourish, Jr., Assistant U.S. Attorneys, were on the brief. Elizabeth Trosman, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, ROGERS and GARLAND, Circuit Judges.


GARLAND, Circuit Judge:

Daniel Joseph Perkins asks us to vacate his 1991 conviction for the use or carrying of a firearm during and in relation to a drug trafficking offense. He contends that the district court improperly instructed the jury with respect to the meaning of "use," as the Supreme Court subsequently defined the term in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Although Perkins...

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