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United States v. James Anthony Ross
Citations: 73 F.3d 363; 1996 U.S. App. LEXIS 6253; 1996 WL 5562Docket: 93-3772
Court: Court of Appeals for the Sixth Circuit; January 4, 1996; Federal Appellate Court
The appeal of James Anthony Ross is addressed following a remand from the United States Supreme Court, which vacated the prior judgment of the Sixth Circuit concerning Ross's firearms conviction under 18 U.S.C. § 924(c)(1). The Supreme Court's decision in Bailey v. United States established that the government must present evidence demonstrating that a firearm was actively employed by the defendant during the commission of a predicate offense, rather than merely being readily accessible. The Sixth Circuit's previous ruling, which affirmed Ross's conviction based on a "ready access" standard, is now reversed. The case is remanded to the district court for resentencing in light of the new legal standard set forth in Bailey.