Summary
holding that "a person does not 'use' a firearm under § 924(c) when he receives it in trade for drugs"
Summary of this case from United States v. RamirezOpinion
No. 05-31094. Summary Calendar.
January 23, 2008.
Robert William Piedrahita, Assistant U.S. Attorney, U.S. Attorney's Office Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.
Karl J. Koch, McGlynn, Glisson Koch, Baton Rouge, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Middle District of Louisiana, (3:04-CR-186-ALL).
Before KING, WIENER, and DeMOSS, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
The guilty-plea conviction of Defendant-Appellant Michael A. Watson for use of a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A), was based on his trade of drugs to an undercover agent in exchange for a handgun. When he pleaded guilty, Watson reserved the right to challenge on appeal the sufficiency of the factual basis to support his conviction under the statute.
We followed our precedent in rejecting Watson's insistence that an act like his" obtaining a firearm in exchange for drugs — is distinguishable from our precedent sustaining convictions when the defendant receives drugs or other consideration in exchange for a firearm that he possessed and gives up in the exchange transaction.
The Supreme Court of the United States granted certiorari, and sub nom Watson v. United States, ___ U.S. ___, 128 S.Ct. 579, 169 L.Ed.2d 472 (2007), reversed our affirmance of Watson's conviction. The court held that a person does not "use" a firearm within the intendment of the statute when he receives it in exchange for drugs and remanded Watson's case to us for additional consistent proceedings.
Michael A. Walson v. United Slates, 06-571, Dec. 10, 2007.
Accordingly, we withdraw our previous opinion affirming Watson's conviction, reverse his conviction for use of a firearm during and in relation to a drug trafficking crime, vacate the sentence imposed for that conviction, and remand this case to the district court for further disposition consistent with our ruling today, recognizing that a person does not "use" a firearm under 18 U.S.C. § 924(c)(1)(A) when he receives it in exchange for drugs.
PRIOR OPINION AND JUDGMENT WITHDRAWN; CONVICTION FOR VIOLATION OF 18 U.S.C. § 924(c)(1)(A) REVERSED; SENTENCE VACATED; CASE REMANDED TO THE DISTRICT COURT FOR FURTHER DISPOSITION CONSISTENT HEREWITH.