Robinson v. United States (1995)
- Docket
- 94-7448
- Decided
- 1995-01-01
Summary
Question: Is evidence of the proximity and accessibility of a firearm to drugs or drug proceeds alone sufficient to support a conviction for "use" of a firearm during and in relation to a predicate narcotics offense under 18 U.S.C. Section 924(c)(1)? Conclusion: No. The proximity and accessibility test for "use" is so broad that no independent role remains for "carry." "Use" in Section 924(c)(1) requires more than 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.