Bazemore v. United States, 138 F.3d 947 (11th Cir. 1998). · Go Syfert
Bazemore v. United States, 138 F.3d 947 (11th Cir. 1998). Cases Citing This Book View Copy Cite
“in the present case, there was ample evidence linking bazemore to the gun, because he was the driver of the car which carried both abercrombie and the gun to the drug deal and because he knowingly accepted the gun's protection while he was inspecting the marijuana.”
46 citation events (35 in the last 25 years) across 7 distinct courts.
Strongest positive: Nance v. United States (flsd, 2022-10-31)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Nance v. United States (2×) also: Cited "see"
S.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the present case, there was ample evidence linking bazemore to the gun, because he was the driver of the car which carried both abercrombie and the gun to the drug deal and because he knowingly accepted the gun's protection while he was inspecting the marijuana.
discussed Cited as authority (verbatim quote) United States v. Isaacs (2×) also: Cited "see, e.g."
5th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
bazemore cannot knowingly benefit from the protection afforded by the firearm carried by his companion and then subsequently evade criminal liability for its presence.
discussed Cited as authority (rule) Montana v. Cross
7th Cir. · 2016 · confidence medium
See, e.g., United States v. Rolon-Ramos, 502 F.3d 750, 758 (8th Cir. 2007) (requiring " 'affirmative participation’ and 'purposeful attitude’ ” by the defendant in furtherance of the firearm offense); United States v. Medina-Román, 376 F.3d 1, 6 (1st Cir. 2004) (stating "that the government would have to prove to a practical certainty her knowledge of [a confederate]'s carrying of a firearm and that she willingly facilitated that carrying”); Bazemore v. United States, 138 F.3d 947, 950 (11th Cir. 1998) (explaining that, to support a § 924(c) conviction, "the defendant must facilitate…
discussed Cited as authority (rule) Darwin Montana v. James N. Cross
7th Cir. · 2016 · confidence medium
Many of the circuits had held that a defendant aids and abets a firearms offense only where the Government establishes that he took some action to facil‐ itate or encourage his confederate not merely in the underly‐ ing offense, but also specifically in the using or carrying of a firearm.5 Among these circuits, however, a number had indi‐ 5 See, e.g., United States v. Rolon‐Ramos, 502 F.3d 750, 758 (8th Cir. 2007) (requiring “‘affirmative participation’ and ‘purposeful attitude’” by the defendant in furtherance of the firearm offense); United States v. Medina‐ Román, 376…
discussed Cited as authority (rule) United States v. Daniel Garcia-Barzaga (2×)
11th Cir. · 2010 · confidence medium
In addition to the requirement that a defendant have knowledge that a gun will be used, “there must be some proof linking the defendant to the gun, because section 924(c) does not permit guilt by association.” Thomas, 987 F.2d at 702; Bazemore, 138 F.3d at 949.
discussed Cited as authority (rule) Lancaster v. United States
D.C. · 2009 · confidence medium
See, e.g., United States v. Otero-Mendez, 273 F.3d 46, 52 (1st Cir.2001) ("fT]he prosecution must prove [1] that appellant knew a firearm would be carried or used in a crime of violence and [2] that he willingly took some action to facilitate that carriage or use.”); United States v. Medina, 32 F.3d 40, 45 (2d Cir.1994) (holding that to support an aiding and abetting conviction under § 924(c) the government must prove a defendant "performed some act that directly facilitated or encouraged the use or carrying of a firearm”); United States v. Thompson, 454 F.3d 459, 465 (5th Cir.2006) (mand…
discussed Cited as authority (rule) United States v. Bowen (2×)
10th Cir. · 2008 · signal: cf. · confidence medium
Cf. Bazemore, 138 F.3d at 949 (holding that a defendant was sufficiently linked to the use of a firearm to be liable as an aider and abetter when he “knowingly accepted the gun’s protection while” inspecting drugs).
discussed Cited as authority (rule) United States v. Isaacs (2×)
5th Cir. · 2006 · confidence medium
See United States v. Woods, 148 F.3d 843, 848 (7th Cir.1998) (stating that "benefitting from the use of the gun permits an inference of facilitation"); see also United States v. Gordon, 290 F.3d 539, 547 (3d Cir.2002) (holding that an aiding and abetting violation of section 924(c) does not require that the defendant possessed or controlled the weapon so long as the defendant's actions “were sufficiently intertwined with, and his criminal objectives furthered by the actions of the participant who did carry and use the firearm”); Bazemore v. United States, 138 F.3d 947, 949-50 (11th Cir.199…
discussed Cited as authority (rule) United States v. Delvaughan Johnson (2×)
11th Cir. · 2005 · confidence medium
In addition, there must be “some proof ‘linking’ the defendant to the gun, because section 924(c) does not permit ‘guilt by association.’ ” Bazemore, 138 F.3d at 949.
discussed Cited as authority (rule) United States v. Simpson
11th Cir. · 2000 · confidence medium
In the case of his second or subsequent conviction under this subsection such person shall be sentenced to imprisonment for twenty years . . . .” 16 imprisonment imposed under this subsection shall not “run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.” See also U.S.S.G. 2K2.4 (stating that “if the defendant . . . was convicted under . . . 924(c) . . . the term of imprisonment is that required by statute); United States v. Cespedes, 151 F.3d 1329, 1333 (11th Cir. 1998…
discussed Cited as authority (rule) United States v. Simpson
11th Cir. · 2000 · confidence medium
As for Simpson’s two firearm convictions, 18 U.S.C. § 924 (c)(1) provided for a sentence of five years on a first conviction, and a sentence of 20 years for a “second or subsequent conviction under this subsection.” 8 Moreover, § 924(c)(1) expressly provided that the term of imprisonment imposed under this subsection shall not “run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.” See also U.S.S.G. 2K2.4 (stating that “if the defendant ... was convicted under ... 9…
discussed Cited as authority (rule) United States v. Sorrells (2×) also: Cited "see"
5th Cir. · 1998 · confidence medium
In addition to requiring proof of knowledge or intent for a conviction of aiding and abetting, “there must also be proof that the defendant performed some affirmative act relating to the firearm.” Giraldo, 80 F.3d at 676 ; Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998) (“In addition to knowledge, in order to sustain a conviction under an aiding and abetting theory, there must be some proof “linking” the defendant to the gun, because section 924(c) does not permit ‘guilt by association.’ ”).
cited Cited "see" Ronald Maurice Smith v. United States
11th Cir. · 2016 · signal: see · confidence high
See Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998) (holding that Bailey did not abolish our precedent related to § 924(c) aider- and-abettor liability).
cited Cited "see" United States v. Daniel Mack
11th Cir. · 2014 · signal: see · confidence high
See Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998) (citing United States v. Hamblin, 911 F.2d 551, 557 (11th Cir.1990)).
cited Cited "see" United States v. Keysha Nacole Jones
11th Cir. · 2006 · signal: see · confidence high
See Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998).
discussed Cited "see" United States v. Maurice Pernell McKinney (2×) also: Cited "see, e.g."
11th Cir. · 2005 · signal: see · confidence high
See Bazemore, 138 F.3d at 749 ; see also Rutledge v. United States, 138 F.3d 1358, 1559 (11th Cir.1998) (concluding that the defendant admitted to all of the elements required under the theory of aiding and abetting by admitting to the government’s stipulation that the weapon was in his possession and that it was used in connection with drug activities). 12 Issue 4: Blakely/Booker Issue In a brief he prepared prior to the Supreme Court’s decision in Booker , McKinney argues in this last issue that the district court committed a Blakely violation when it used the federal guidelines as an ar…
discussed Cited "see" Kevin Wright v. United States
6th Cir. · 1999 · signal: see · confidence high
Wright argues to the contrary, we agree with the district court’s conclusion that although Wright primarily “cut” the cocaine in the back room of Daniels’s apartment, leaving protection of the drug operation to co-conspirators, “this division of labor does not eliminate Mr. Wright’s liability for using a firearm under the principles of aiding and abetting.” J.A. at 317; see Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998)(defendant aided and abetted § 924(c) violation where he “knowingly accepted the gun’s protection while he was inspecting the [drugs]”).
cited Cited "see" United States v. O'Neal Woods
7th Cir. · 1998 · signal: see · confidence high
See Bazemore v. United States, 138 F.3d 947, 949-50 (11th Cir.1998), and cases discussed therein.
discussed Cited "see" Rutledge v. United States (2×)
11th Cir. · 1998 · signal: see · confidence high
See Bazemore v. United States, 138 F.3d 947 (11th Cir.1998).
discussed Cited "see, e.g." United States v. Derrick Lewis Williams
11th Cir. · 2003 · signal: see also · confidence medium
The applicable legal principle is that a person who “aids, abets, counsels, commands, induces or procures” the commission of an offense “is punishable as a principal.” 18 U.S.C. § 2 ; see also Bazemore v. United States, 138 F.3d 947, 949 (11th Cir.1998).
discussed Cited "see, e.g." United States v. Taylor, Tracee
7th Cir. · 2000 · signal: see also · confidence medium
See also Bazemore v. United States, 138 F.3d 947, 949-50 (11th Cir. 1998) (finding facilitation when the defendant drove the principal to the scene of the crime); United States v. Morrow, 977 F.2d 222, 231 (6th Cir. 1992) (finding no miscarriage of justice when the defendant received the protection of his confederate’s weapon).
discussed Cited "see, e.g." United States v. Tracee L. Taylor
7th Cir. · 2000 · signal: see also · confidence medium
See also Bazemore v. United States, 138 F.3d 947, 949-50 (11th Cir.1998) (finding facilitation when the defendant drove the principal to the scene of the crime); United States v. Morrow, 977 F.2d 222, 231 (6th Cir.1992) (finding no miscarriage of justice when the defendant received the protection of his confederates’s weapon).
discussed Cited "see, e.g." United States v. Moore
10th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Bazemore v. United States, 138 F.3d 947, 949-50 (11th Cir. 1998) (upholding § 924(c) conviction because defendant knowingly accepted protection afforded by co-defendant’s use of a gun).
Retrieving the full opinion text from the archive…
Robbie Dale BAZEMORE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
96-8382.
Court of Appeals for the Eleventh Circuit.
Apr 10, 1998.
138 F.3d 947
L. Elizabeth Lane, Macon, GA, for Petitioner-Appellant., Michael T. Solis, Macon, GA, for Respondent-Appellee.
Hatchett, Godbold, Roney.
Cited by 22 opinions  |  Published
RONEY, Senior Circuit Judge:

Robbie Dale Bazemore appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his conviction for using or carrying a firearm in connection with a drug trafficking crime. He argues that the Supreme Court’s decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), requires this court to set aside his conviction. Bazemore believes that Bailey stands for the proposition that the conduct he pled guilty to, participating in a drug trafficking crime in which a co-defendant carried a weapon, did not violate 18 U.S.C. § 924(e). We agree with the district court that Bazemore is not entitled to the relief he seeks because Bailey defendants may still be convicted under section 924(e) if they aided and abetted a co-defendant who carried a gun.

On October 22, 1991, appellant Robbie Dale Bazemore pleaded guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 846, 841(a)(1)' (1994), and to using or carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c) (1994). Before accepting the guilty plea, the court advised the defendant of his rights and properly followed the plea procedures required by Fed.R.Crim.P. 11. At his Rule 11 hearing, Bazemore admitted that he and his co-defendants William Aber-crombie and Louis Spivey had entered into a conspiracy to purchase 50 pounds of marijuana from an undercover agent of the Georgia Bureau of Investigation. On May 14, 1991, Bazemore and Spivey drove separate vehicles to a local mall, where they had arranged to buy the marijuana. Abercrombie, who carried a 9 mm pistol in the waistband of his pants, traveled to the mall as a passenger in Bazemore’s van. Bazemore knew that his passenger was carrying a weapon. When they arrived at the mall, Spivey met the undercover agent and showed him some money. Then Bazemore went over to the undercover vehicle to inspect the marijuana while Abercrombie observed him from the van. As Bazemore was bringing the marijuana back to his van, all three conspirators were arrested by law enforcement officers.

As a prisoner bringing a post-conviction collateral attack on a guilty plea, Bazemore must show that under the Supreme Court’s decision in Bailey, the conduct to which he pled guilty does not constitute a crime. See United States v. Brown, 117 F.3d 471, 476-77 (11th Cir.1997); United States v. Barnhardt, 93 F.3d 706, 709 (10th Cir.1996).

Bazemore contends that the Supreme Court’s recent decision in Bailey v. United States requires reversal of his conviction on the gun charge because he did not actively employ a weapon. In Bailey, the Supreme Court examined the meaning of the word “use” in 18 U.S.C. § 924(c), which imposes a mandatory five-year consecutive sentence on anyone who “uses or carries a firearm” in connection with a drug trafficking crime or a crime of violence. Prior to Bailey, several circuits had held that proximity and ready access to a weapon could constitute “use” in violation of section 924(c). See Bailey, 516 U.S. at 141-43, 116 S.Ct. at 505. The Court reasoned that this eviscerated the language of the statute, which proscribed either “using” or “carrying” but not possession. Such a broad definition of “use” would leave no room left for “carry.” The Court held that a conviction for “use” under section 924(c) requires “active employment of the firearm” as opposed to mere possession. Id. at 143-45, 116 S.Ct. at 506. In confining the scope of[*949] the “using” prong of the statute, however, the Court made clear that its decision was intended to give new life to- the “carry” prong, and the Court remanded the cases under, its review for consideration of whether the “carry” prong had been met. Id. at 149-51, 116 S.Ct. at 509. Indeed, the Court specifically stated that “[w]hile it is undeniable that the active-employment reading of ‘use’ restricts the scope of § 924(c)(1), the Government often has other means available to charge offenders who mix guns and drugs.” Id. at 150, 116 S.Ct. at 509. One of these “other means” is aider and abettor liability.

The district court found that Baze-more had aided and abetted his co-defendant in “carrying” the weapon. 18 U.S.C. § 2(a) states that “whoever ... aids, abets, counsels, commands, induces or procures [a crime’s] commission, is punishable as a principal.” Because Bazemore assisted Aber-crombie in committing the offense, Bazemore is liable for the crime and his plea was properly accepted.

Although the Bailey decision narrowed the scope of conduct qualifying for “use” of a firearm under section 924(e), nothing in the opinion suggests that it was intended to provide criminals with immunity from well-established doctrines of criminal law. Aider and abettor liability for section 924(c) offenses was well established in the pre-Bailey jurisprudence of this Circuit, see United States v. Chandler, 996 F.2d 1073, 1105 (11th Cir.1993); United States v. Hamblin, 911 F.2d 551, 557 (11th Cir.1990); United States v. James, 528 F.2d 999, 1015 (5th Cir.), cert. denied, 429 U.S. 959, 97 S.Ct. 382, 383, 50 L.Ed.2d 326 (1976), and has also been applied in at least one post-Bailey case, see United States v. DePace, 120 F.3d 233, 237-38 (11th Cir.1997). Indeed, every court which has confronted the issue in the wake of Bailey has held that aider and abettor liability continues to attach to individuals who assist codefendants in using or carrying a weapon in connection with drug trafficking. See United States v. Wilson, 135 F.3d 291, (4th Cir.1998); Barrett v. United States, 120 F.3d 900, 901 (8th Cir.1997); United States v. Malpeso, 115 F.3d 155, 166-67 (2d Cir.1997); United States v. Ramirez-Ferrer, 82 F.3d 1149, 1154 (1st Cir.1996); United States v. Price, 76 F.3d 526, 529 (3d Cir.1996). Because Bailey did not eliminate aider and abettor liability under section 924(c), the facts of Bazemore’s case are properly considered under well-established standards for vicarious criminal .liability.

To prove aiding and abetting, the government must show “that a substantive offense was committed, that the defendant associated himself with the criminal venture, and that he committed some act which furthered the crime.” United States v. Hamblin, 911 F.2d 551, 557 (11th Cir.1990) (citing United States v. Pareja, 876 F.2d 1567, 1570 (11th Cir.1989)). In Hamblin, we examined the section 924(c) liability of the driver of a getaway car in several armed bank robberies. We held that although there was insufficient evidence to show that the defendant had known about the gun his accomplice carried in the first robbery, “if the jury believed that Hamblin admitted hearing a shot fired during the first robbery, it could also reasonably believe that he knew Jones would use a gun again in the commission of the fourth robbery.” Hamblin, 911 F.2d at 559. In addition to knowledge, in order to sustain a conviction under an aiding and abetting theory, there must be some proof “linking” the defendant to the gun, because section 924(c) does not permit “guilt by association.” United States v. Thomas, 987 F.2d 697, 702 (11th Cir.1993). In the present ease, there was ample evidence linking Baze-more to the gun, because he was the driver of the car which carried both Abercrombie and the gun to the drug deal and because he knowingly accepted the gun’s protection while he was inspecting the marijuana.

Bazemore points to recent cases from other circuits requiring a connection between the defendant and the gun. He especially relies on United States v. Giraldo, 80 F.3d 667 (2d Cir.1996). In that case, the Second Circuit held that “proof simply that a defendant knew that a firearm would be carried, even accompanied by proof that he performed some act to facilitate or encourage the underlying crime in connection with[*950] which the firearm was carried, is insufficient to support a conviction for aiding and abetting the carrying of a firearm,” because the defendant must facilitate the carrying of the firearm rather than assist in the underlying crime. Giraldo, 80 F.3d at 676. See also United States v. Cruz-Rojas, 101 F.3d 283, 286 (2d Cir.1996); United States v. Ramirez-Ferrer, 82 F.3d 1149, 1154 (1st Cir.1996); United States v. Bancalari, 110 F.3d 1425, 1429-30 (9th Cir.1997). These eases do not afford Bazemore the relief he seeks, however, because “once knowledge on the part of the aider and abettor is established, it does not take much to satisfy the facilitation element.” United States v. Bennett, 75 F.3d 40, 45 (1st Cir.1996). Bazemore’s conduct proves that he facilitated the carrying of the firearm. The word “carry” means to “move while supporting.” Webster’s Third New International Dictionary (1966). As the owner and driver of the automobile which carried both Abercrombie and the gun to the drug deal, Bazemore was vital to the transportation of the weapon during the commission of the drug crime. See United States v. Ham-blin, 911 F.2d at 558-59 (driver of getaway car in armed bank robbery liable under 924(c)); United States v. Bennett, 75 F.3d at 45 (“facilitation essentially undisputed since [the defendant] provided his car to transport himself, his coconspirators, and the gun to execute the raid.”); United States v. Ramirez-Ferrer, 82 F.3d at 1154 (boat captain liable under 924(c) as an aider and abettor for weapon found near co-defendant). Furthermore, when Bazemore exited the vehicle to inspect the marijuana, he did so under the watchful eye of his armed coconspirator. Bazemore cannot knowingly benefit from the protection afforded by the firearm carried by his companion and then subsequently evade criminal liability for its presence. See United States v. Price, 76 F.3d 526, 529-30 (3d Cir.1996) (where defendant enters bank and collects money while his partner brandishes a weapon, the defendant is liable as an aider and abettor under 924(c)).

Although the Bailey decision confined the scope of the “use” prong of section 924(c), in doing so it breathed new life into the “carry” prong. Because Bazemore’s conduct violated the “carry” prong of section 924(c) under well-established principles of aider and abettor liability, the district court denied his section 2255 motion to vacate his conviction.

AFFIRMED.