Roland J. Bailey v. United States (516 U.S. 137)
U.S. Supreme Court · decided December 6, 1995 · Supreme Court Database (Spaeth)
- Citation
- 516 U.S. 137 · 116 S. Ct. 501
- Decided
- December 6, 1995
- Term
- October Term 1995
- Vote
- 9–0
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. These consolidated petitions each challenge a conviction under 18 U. S. C. § 924(c)(1). In relevant part, that section imposes a 5-year minimum term of imprisonment upon a person who “during and in relation to any crime of violence or drug trafficking crime . . . uses or carries a firearm.” We are asked to decide whether evidence of the proximity and accessibility of a firearm to drugs or drug proceeds is alone sufficient to support a conviction for “use” of a firearm during and in relation to a drug trafficking offense under 18 U. S. C. § 924(c)(1). I In May 1989, petitioner Roland Bailey was stopped by police officers after they noticed that his car lacked a front license plate and an inspection sticker. When Bailey failed to produce a driver’s license, the officers ordered him out of the car. As he stepped out, the officers saw Bailey push something between the seat and the front console. A search of the passenger compartment revealed oné round of ammunition and 27 plastic bags containing a total of 30 grams of cocaine. After arresting Bailey, the officers searched the trunk of his car where they found, among a number of items, a large amount of cash and a bag containing a loaded 9-mm. pistol. Bailey was charged on several counts, including using and carrying a firearm in violation of 18 U. S. C. § 924(c)(1). A…
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