Garrie L. Stanback v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a gun resting on a table where drugs were present was not \used\
• noting that a defendant cannot be required to posit an argument that would not have had any relevance prior to an intervening change in Supreme Court law
• noting that a defendant cannot be required to posit an argument that would not have had any relevance prior to an intervening change in Supreme Court law
• vacating guilty plea to “using” and “carrying” firearm in violation of 18 U.S.C. § 924(c
• “In electing to plead guilty ... the defendant waives a challenge to the facts underlying the charge, but he does not waive the right to contest whether those facts are sufficient to constitute a crime.”
• “Absent any evidence in that vein, only speculation will permit us to construe the mere presence of the gun on the table as the kind of ‘active employment’ that Bailey requires as a precondition to conviction for ‘use’ of the firearm.”

Source: CourtListener parenthetical corpus (CC0).