In United States v. Norris, the Court remanded for resentencing with instructions to eliminate a enhancement for "using" a firearm in connection with another felony offense. In Norris, the defendant plead guilty to selling a firearm to a prohibited person. At some point after the sale, he called the buyer and told them to get rid of the firearm because it was evidence in a murder investigation. But the buyer no longer had the firearm.
The Court found that this conduct could not meet the definition of "use". The Court noted that Norris did not have authority or control over the buyer, and that the buyer did not possess the firearm; therefore, Norris's advice to the buyer could not be considered use. Congrats to AFPD Laura Davis!!!