614
OCTOBER TERM, 1997
Syllabus
certiorari to the united states court of appeals for the eighth circuit
No. 96-8516. Argued March 3, 1998—Decided May 18, 1998
Petitioner pleaded guilty to drug possession with intent to distribute, 21
U. S. C. § 841(a)(1), and to "using" a firearm "during and in relation to a drug trafficking crime," 18 U. S. C. § 924(c)(1), but reserved the right to challenge the quantity of drugs used in calculating his sentence. He appealed his sentence, but did not challenge the plea's validity. The Eighth Circuit affirmed. Subsequently, he sought habeas relief, claiming his guilty plea lacked a factual basis because neither the "evidence" nor the "plea allocation" showed a connection between the firearms in the bedroom of the house and the garage where the drug trafficking occurred. The District Court dismissed the petition on the ground that a factual basis for the plea existed because the guns in the bedroom were in close proximity to the drugs and were readily accessible. While petitioner's appeal was pending, this Court held that a conviction for using a firearm under § 924(c)(1) requires the Government to show "active employment of the firearm," Bailey v. United States, 516 U. S. 137, 144, not its mere possession, id., at 143. In affirming the dismissal in this case, the Eighth Circuit rejected petitioner's argument that Bailey should be applied retroactively, that his guilty plea was not knowing and intelligent because he was misinformed about the elements of a § 924(c)(1) offense, that this claim was not waived by his guilty plea, and that his conviction should therefore be vacated.
Held: Although petitioner's claim was procedurally defaulted, he may be entitled to a hearing on its merits if he makes the necessary showing to relieve the default. Pp. 618-624.
(a) Only a voluntary and intelligent guilty plea is constitutionally valid. Brady v. United States, 397 U. S. 742, 748. A plea is not intelligent unless a defendant first receives real notice of the nature of the charge against him. Smith v. O'Grady, 312 U. S. 329, 334. Petitioner's plea would be, contrary to the Eighth Circuit's view, constitutionally invalid if he proved that the District Court misinformed him as to the elements of a § 924(c)(1) offense. Brady v. United States, supra, Mc-Mann v. Richardson, 397 U. S. 759, and Parker v. North Carolina, 397 U. S. 790, distinguished. Pp. 618-619. (b) The rule of Teague v. Lane, 489 U. S. 288—that new constitutional rules of criminal procedure are generally not applicable to cases that
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