Foreman

ORDER DENYING GOVERNMENT’S REQUEST FOR AIDING AND ABETTING JURY INSTRUCTION

INTRODUCTION

The matter before the Court provides one of the first opportunities for a district court to assess the significance and scope of the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995). This matter requires the Court to consider the application of 18 U.S.C. § 924 (c) to defendants involved in violent crimes who do not personally use or carry a firearm. The Court concludes that Bailey , by defining “use” according to its plain meaning, entirely strips away all the judicial “gloss” that has expanded liability under § 924(c). Bailey now limits liability almost entirely to those who personally “use” or “carry” a firearm.

FACTS

On September 27, 1995, William Foreman and three other men attempted to rob the Sumitomo Bank in Alhambra, California. The specific facts surrounding each participant’s role in the bank robbery are still unclear. Mr. Foreman was indicted for attempted armed bank robbery under 18 U.S.C. § 2113 (a) and (d) and use of a firearm during a crime of violence under 18 U.S.C. § 924 (c). By the time of trial, Mr. Foreman had…