Bousley v. United States
- Decided
- May 18, 1998
- Docket
- 96-8516
- Status
- Published
- Jurisdiction
- Federal
Cited 5,336 timesNo negative treatment found in this library
What later courts said
- holding that a defendant may raise a procedurally defaulted claim if he can demonstrate actual innocence — United States v. Ryan Courtade (2019)
- holding that legal advice based on circuit courts' erroneous but well-established interpretation of a statute was nonetheless "critically incorrect" legal advice — Symbology Innovations, LLC v. Lego Sys., Inc. (2017)
- holding that Teague applies only to procedural rules and not to decisions of the Supreme Court deciding the meaning of criminal statutes — Alexander v. Johnson (2001)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Chief Justice Rehnquist delivered the opinion of the Court.
Petitioner pleaded guilty to “using” a firearm in violation of 18 U. S. C. § 924(c)(1) in 1990. Five years later we held in Bailey v. United States, 516 U. S. 137, 144 (1995), that § 924(c)(1)’s “use” prong requires the Government to show “active employment of the firearm.” Petitioner meanwhile had sought collateral relief under 28 U. S. C. §2255, claiming that his guilty plea was not knowing and intelligent because he was misinformed by the District Court as to the nature of the charged crime. We hold that, although this claim was proeedurally defaulted, petitioner may be entitled to a hearing on the merits of it if he makes the necessary showing to relieve the default.
Following his arrest in March 1990, petitioner was charged with possession of methamphetamine with intent to distribute, in violation of 21 U. S. C. § 841(a)(1). A superseding indictment added the charge that he “knowingly and intentionally used . . . firearms during and in relation to a drug trafficking crime,” in violation of 18 U. S. C. § 924(c). App. 5-6. Petitioner agreed to plead guilty to both charges while reserving the right to challenge the quantity of drugs used in calculating his sentence. Id., at 10-12.
Statutes cited
Cite this
Bousley v. United States, 523 U.S. 614 (1998)Read the full opinion
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