UNITED STATES of America, Plaintiff-Appellee, v. Edward William THOMPSON, Defendant-Appellant
Opinion
Opinion
Wright, J.
Thompson shot a man who had come to his apartment as part of a scheme to buy drugs. He was convicted of several drug- and weapons-related crimes in connection with the shooting. Among other issues, we must determine the effect of Bailey v. United States, — U.S. —, 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995), on his conviction under 18 U.S.C. § 924 (e)(1).
BACKGROUND
At about 5:00 a.m. on July 21, 1992, four men arrived at Thompson’s apartment. One, Hollen, went inside and bought a half-gram of cocaine from Thompson. Meanwhile his companions, Pitcher, Perez and Wilson, waited outside. As Hollen was leaving, the other men pushed through the door. The evidence is conflicting as to what happened next. Pitcher said they were attempting to collect, by force, $100 that Thompson owed Wilson. Thompson told police the men threatened to murder him. Thompson’s girlfriend, Wendy Carpenter, testified that Pitcher threw her down and threatened to rape her.
The men scuffled, and Thompson and Wilson ended up in the bedroom out of sight of witnesses. Thompson shot and killed Wilson. Pitcher testified that the shots sounded muffled. Hollen and Pitcher fled as Carpenter called 911.