Dennis L. Barrett v. United States, 120 F.3d 900 (8th Cir. 1997). · Go Syfert
Dennis L. Barrett v. United States, 120 F.3d 900 (8th Cir. 1997). Cases Citing This Book View Copy Cite
9 citation events (1 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Springmeier (ord, 2003-03-21)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Springmeier
D. Or. · 2003 · confidence medium
See also United States v. Malpeso, 115 F.3d 155, 166-67 (2d Cir.1997) (“We have reaffirmed the appropriateness of aiding and abetting ... theories of liability for § 924(c)(1) violations in several post-Bailey cases.”), cert. denied, 524 U.S. 951 , 118 S.Ct. 2366 , 141 L.Ed.2d 735 (1998); United States v. Price, 76 F.3d 526, 529 (3rd Cir.1996) (after Bailey , aiding and abetting theory of liability remains applicable to § 924 offenses); Barrett v. United States, 120 F.3d 900, 901 (8th Cir.1997) (Bailey does not preclude the continued application of aiding and abetting liability to § 924…
discussed Cited as authority (rule) United States v. Reginald Arline
8th Cir. · 2000 · confidence medium
See United States v. Foley, 200 F.3d 585, 586-87 (8th Cir. 2000) (per curiam) (affirming denial of § 2255 relief to Arline and Johnson's coconspirator, who raised Bailey challenge to 18 U.S.C. § 924 (c) convictions); Swedzinski v. United States, 160 F.3d 498, 501 (8th Cir. 1998)( (affirming denial of § 2255 motion where jury instruction on "use" was contrary to Bailey, but jury was given option of finding "carry" violation; holding movant must show jury instruction worked actual and substantial disadvantage amounting to constitutional error, and properly instructed jury would have acquitted…
discussed Cited as authority (rule) Bazemore v. United States
11th Cir. · 1998 · confidence medium
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).
discussed Cited as authority (rule) Bazemore v. United States
11th Cir. · 1998 · confidence medium
See United States v. Wilson, ___ F.3d ___, Nos.95-5581,95-5839, 95-5582, (4th Cir. Jan. 22, 1998); Barrett v. United States, 120 F.3d 900, 901 (8th Cir. 1997); United States v. Malpeso, 155 F.3d 115 , 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).
discussed Cited as authority (rule) Jack E. Wright v. United States
7th Cir. · 1998 · confidence medium
See United States v. DePace, 120 F.3d 233 , 239 n. 9 (11th Cir.1997) (“[T]he Supreme Court did not limit the aiding and abetting theory of criminal liability in Bailey ; it merely defined the term use.”), cert. denied, — U.S. -, 118 S.Ct. 1177 , 140 L.Ed.2d 185 (1998); Barrett v. United States, 120 F.3d 900, 901 (8th Cir.1997) (Bailey does not preclude the continued application of aiding and abetting liability to § 924(e)(1) offenses.); United States v. Malpeso, 115 F.3d 155, 166-67 (2d Cir.1997) (“We have reaffirmed the appropriateness of aiding and abetting ... theories of liability…
discussed Cited "see" United States v. Phifer
E.D. Mich. · 1998 · signal: accord · confidence high
United States v. Lowery, 60 F.3d 1199, 1202 (6th Cir.1995); accord Barrett v. United States, 120 F.3d 900, 901 (8th Cir.1997) (holding that Bailey v. U.S., 516 U.S. 137 , 116 S.Ct. 501 , 133 L.Ed.2d 472 (1995) does not preclude the continued application of aiding and abetting liability); cf. United States v. Myers, 102 F.3d 227 (6th Cir.1996) (holding that Pinkerton v. United States, 328 U.S. 640, 646-47 , 66 S.Ct. 1180, 1183-84 , 90 L.Ed. 1489 (1946) “vicarious liability” rule still viable in § 924(c) cases following Bailey).
discussed Cited "see, e.g." United States v. Shea
4th Cir. · 1999 · signal: see also · confidence medium
See, e.g., United States v. Wilson, 135 F.3d 291, 305 (4th Cir.), cert. denied, ___U.S. ___, 66 U.S.L.W. 3758 (U.S. May 26, 1998) (No. 97-8750); see also Barrett v. United States, 120 F.3d 900, 901 (8th Cir. 1997) (per 3 curiam).
discussed Cited "see, e.g." United States v. Tilley
4th Cir. · 1998 · signal: see also · confidence medium
See, e.g., United States v. Wilson, 135 F.3d 291, 305 (4th Cir.), cert. denied, ___ U.S. ___, 66 U.S.L.W. 3758 (U.S. May 26, 1998) (No. 97-8750); see also Barrett v. United States, 120 F.3d 900, 901 (8th Cir. 1997) (per curiam); United States v. Malpeso, 115 F.3d 155, 166-67 (2d Cir. 1997), cert. denied, ___ U.S. #6D6D 6D#, 66 U.S.L.W. 3811 , 66 U.S.L.W. 3815 (U.S. June 26, 1998) (No. 97-1404).
discussed Cited "see, e.g." United States v. Sorrells
5th Cir. · 1998 · signal: see also · confidence medium
Thus, in order to be convicted of aiding and abetting the § 924(c)(1) offense (under the “use” prong), the defendant must act with the knowledge or specific intent of advancing the “use” of the firearm in relation to the drug trafficking offense. 10 See, e.g., United States v. Giraldo, 80 F.3d 667 , 676 *754 (2d Cir.) (“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 which the firearm was carried, is insufficient to support a conviction for aidi…
Retrieving the full opinion text from the archive…
Dennis L. BARRETT, Appellant,
v.
UNITED STATES of America, Appellee
96-1625.
Court of Appeals for the Eighth Circuit.
Jul 29, 1997.
120 F.3d 900
Dennis L. Barrett, Pro Se., Gregg R. Coonrod, Springfield, MO, for Appellee.
McMillian, Beam, Arnold.
Cited by 9 opinions  |  Published
PER CURIAM.

Dennis L. Barrett appeals from the district court’s [1] denial of his motion under 28 U.S.C. § 2255. We affirm.

In 1992, Dennis Barrett pleaded guilty to. a number of offenses, including aiding and abetting the use and carrying of a firearm in relation to drug offenses, in violation of 18 U.S.C. §§ 924(c) and 2. The district court imposed a 60-month prison sentence on the weapon charge, consecutive to the prison sentence he received on other charges, and three years supervised release. Barrett did not file a direct appeal. Barrett later filed this section 2255 motion, arguing that, in light of Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), his firearm conviction should be vacated.

We note initially that Barrett may have waived and proeedurally defaulted this claim by pleading guilty and not appealing. See Bousley v. Brooks, 97 F.3d 284, 287 (8th Cir.1996), petition for cert. filed, — U.S.L.W.-(U.S. Mar. 18, 1997) (No. 96-8516). The district court reached the merits, however, and we agree with the court that the claim is meritless. See Rogers v. United States, 1 F.3d 697, 699 (8th Cir.1993) (per curiam).

The record shows Michael Gilstrap, Barrett’s codefendant, was carrying a firearm in the waistband of his pants at the time he sold drugs to an undercover agent. See Bailey, — U.S. at---, 116 S.Ct. at 507-09 (preserving “carrying” as alternative basis for § 924(c)(1) charge); United States v. White, 81 F.3d 80, 83 (8th Cir.1996) (“carry” means to bear firearm on or about one’s person). Barrett admitted at his guilty-plea hearing that he gave Gilstrap the revolver intending for Gilstrap to take it with him while distributing cocaine Barrett had given[*901] to Gilstrap. See United States v. Simpson, 979 F.2d 1282, 1285 (8th Cir.1992) (where another person robbed bank using firearm, and defendant provided transportation and means of concealment and knew other person planned to use gun in committing robbery, robber’s gun became defendant’s in eyes of law), cert. denied, 507 U.S. 943, 113 S.Ct. 1345, 122 L.Ed.2d 727 (1993).

We disagree with Barrett that a defendant may not be found guilty of a section 924(c)(1) offense as an aider and abettor. We have recognized that a defendant who did not personally use or carry a firearm may be found guilty of violating section 924(c)(1) under an aiding-and-abetting theory, see id. at 1285-86, and have recently held that Bailey does not preclude the continued application of a coconspirator theory of liability to section 924(c)(1) offenses, see United States v. Rodger, 100 F.3d 90, 91 n.2 (8th Cir.1996) (per curiam), petition for cert. filed, — U.S.L.W.-(U.S. June 23, 1997) (No. 96-9502). We conclude the same holds true for aiding-and-abetting liability. See United States v. Giraldo, 80 F.3d 667, 676-77 (2d Cir.), cert. denied, — U.S. -, 117 S.Ct. 135, 136 L.Ed.2d 83 (1996).

Barrett nonetheless insists he was not convicted as an aider and abettor. We disagree. Although his written judgment does not recite 18 U.S.C. § 2—the aiding-and-abetting statute — Barrett acknowledged at his plea hearing that he was pleading guilty to aiding and abetting the section 924(c)(1) offense, as alleged in the indictment, and the district court accepted his plea and stated that judgment would be entered accordingly. Cf. United States v. Tramp, 30 F.3d 1035, 1037 (8th Cir.1994) (oral pronouncement by sentencing court is judgment of court); United States v. Glass, 720 F.2d 21, 22 n. 2 (8th Cir.1983) (when oral sentence and written judgment conflict, oral sentence controls). Finally, we reject Barrett’s argument that his guilty plea was not knowing and voluntary. See Walker v. United States, 115 F.3d 603 (8th Cir.1997).

Accordingly, we affirm.

1

. The Honorable Russell G. Clark, Jr., United States District Judge for the Western District of Missouri.