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U.S. v. JOHNSON

No. 99-3045.

216 F.3d 1162 (2000)

UNITED STATES of America, Appellee, v. Michael JOHNSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2000.

Attorney(s) appearing for the Case

Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A. J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Amul R. Thapar, Assistant United States Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, U.S. Attorney, John R. Fisher, Mary-Patrice Brown, and Ronald L. Walutes, Assistant U.S. Attorneys.

Before: SENTELLE, TATEL, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In 1991, defendant Michael Johnson was convicted of violating 18 U.S.C. § 924(c)(1), which imposes a prison term on any person who "uses or carries" a firearm "during and in relation to" a drug trafficking crime. Johnson argues that his conviction must be vacated in light of the Supreme Court's subsequent decision in Bailey v. United States, 516 U.S. 137...

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