Baily+v.+U.S.

Baily v. U.S. (Mr. Rieck) FACTS/BACKGROUND: 1 point for each fact (10 points) Bailey and Robinson were arrested for buying and selling drugs according to section 924. Section 924 states that people should be in prison for drug trafficking crimes or carrying a firearm. The conviction was based on a loaded pistol with a bag of cocaine found in the trunk of his car. Had loaded pistol in car for protection of drugs (right to bear arms) It requires evidence to show that the gun had been used. The government must show that the defendant use the firearm. It doesn’t include brandishing, displaying, battering, striking, firing, or attempting. The evidence was insufficient to support either Bailey’s or Robinson’s convection. The court of appeals didn’t consider liability the “carry” prong in as of that the cases were remanded ISSUE/MAJOR QUESTION (Include all major issues) Bailey and Robinson were convicted on federal drug offenses and carrying a firearm. What’s the minimum sentence upon a person who carries a firearm during relation to a predicate offense? Is the evidence of the proximity and accessibility of a firearm to drugs or drug proceed to alone sufficient to support a conviction for “use” of a firearm during and in relation to a predicate narcotics offense? MAJOR LAW OR RIGHTS DISCUSSED (Provide information about law/right at issue, example: 1st amendment establishment clause) DECISION (courts answers to the question, yes/no, vote) The Supreme Court ruled with Bailey. 9:0 9 votes for Bailey and 0 against him REASONING (justification behind the decision) In section 924, it requires more then proximity and accessibility that might embolden a defendant. It requires active employment of the firearm by the defendant, making the firearm an operative factor in relation to the predicate offense IMPACT (major societal impact, example major change in society as result of decision) A firearm had to of been used to par take in evidence DISSENTING ARGUMENT No one disagreed with Bailey’s case and didn’t vote against him.