142
Opinion of the Court
ther the drug offenses or to protect the possession of the drugs.
Judge Wald, in dissent, argued that the court's previous multifactor test provided a better standard for appellate review of § 924(c)(1) convictions. Judge Williams, joined by Judges Silberman and Buckley, also dissented. He explained his understanding that "use" under § 924(c)(1) denoted active employment of the firearm "rather than possession with a contingent intent to use." Id., at 121. "[B]y articulating a 'proximity' plus 'accessibility' test, however, the court has in effect diluted 'use' to mean simply possession with a floating intent to use." Ibid.
As the debate within the District of Columbia Circuit illustrates, § 924(c)(1) has been the source of much perplexity in the courts. The Circuits are in conflict both in the standards they have articulated, compare United States v. Torres-Rodriguez, 930 F. 2d 1375, 1385 (CA9 1991) (mere possession sufficient to satisfy § 924(c)), with United States v. Castro-Lara, 970 F. 2d 976, 983 (CA1 1992) (mere possession insufficient), cert. denied sub nom. Sarraff v. United States, 508 U. S. 962 (1993); and in the results they have reached, compare United States v. Feliz-Cordero, 859 F. 2d 250, 254 (CA2 1988) (presence of gun in dresser drawer in apartment with drugs, drug proceeds, and paraphernalia insufficient to meet § 924(c)(1)), with United States v. McFadden, 13 F. 3d 463, 465 (CA1 1994) (evidence of gun hidden under mattress with money, near drugs, was sufficient to show "use"), and United States v. Hager, 969 F. 2d 883, 889 (CA10) (gun in boots in living room near drugs was "used"), cert. denied, 506 U. S. 964 (1992). We granted certiorari to clarify the meaning of "use" under § 924(c)(1). 514 U. S. 1062 (1995).
II
Section 924(c)(1) requires the imposition of specified penalties if the defendant, "during and in relation to any crime of violence or drug trafficking crime . . . , uses or carries a
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007