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BRACHE v. U.S.

No. 97-1575.

165 F.3d 99 (1999)

Juan BRACHE, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

Spencer C. Demetros, by appointment of the court, with whom Law Offices of Spencer C. Demetros was on brief for petitioner.

Alicia M. Milligan, Assistant United States Attorney, with whom Sheldon Whitehouse, United States Attorney, and Margaret E. Curran and Zechariah Chafee, Assistant United States Attorneys, were on brief for respondent.

Before BOUDIN, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

BOUDIN, Circuit Judge.

Juan Brache sought collateral relief under 28 U.S.C. § 2255 from a jury conviction under 18 U.S.C. § 924(c)(1) for using or carrying a firearm during and in relation to a drug-trafficking crime. Brache claimed that the jury instruction as to "use" of a firearm under section 924(c)(1) was overbroad—measured by the definition later adopted by Bailey v. United States, 516 U.S. 137, 143-46...

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