In Bailey v. United States, the Supreme Court reduced the confusion caused by an era of contradiction among the circuits regarding the standard necessary to maintain a conviction for "us[ing]" a firearm "during and in relation to" a drug trafficking crime. In its seeming departure from an earlier authorization of a broad definition of "use," the Supreme Court altered its course and provided a new and clearer test for criminal liability under this section. In so doing, the Court settled the ultimate question debated so intensely in the circuit courts of appeal and emerged with a more workable standard.
Tiffany Gulley Becker,
Active Employment Standard: Much-Needed Clarification for Determining Liability for Use of a Weapon during the Commission of a Drug-Related Crime, The,
61 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol61/iss4/8