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JOHNSON v. U.S.

No. 98-3966.

186 F.3d 876 (1999)

Tommie Joe JOHNSON, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 1999.

Attorney(s) appearing for the Case

Richard Elmus Monroe, Assistant U.S. Attorney, Springfield, Missouri, argued (Stephen L. Hill, Jr., on the brief), for Appellant.

William Leon Gavras, St. Louis, Missouri, argued, for Appellee.

Before: BOWMAN, HEANEY, and FAGG, Circuit Judges.

PER CURIAM.

In 1990, Tommie Joe Johnson pleaded guilty to two drug-related charges and to using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1) (1988). Johnson received a 120-month sentence on the drug charges and a 60-month consecutive sentence on the firearm charge. Johnson did not file a direct appeal. In 1995, the United States Supreme Court held a defendant must actively employ a firearm to "use" it within...

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