an opinion in Bailey v. United States, - U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), which defined the word “use" for purposes of 18 U.S.C. § 924(c)(1) (imposing five-year minimum term of imprisonment upon person who “during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm.”). The Court held that a conviction under § 924(c) requires the government to prove more than mere possession but rather to show "active employment of the firearm.” Bailey, - U.S. at -, 116 S.Ct. at 506 (emphasis omitted). This decision does not, however, affect Gary’s sentence. Bailey does not apply to U.S.S.G. § 4B1.4(b)(3)(A), which reaches offenses in which the defendant either "used or possessed” a firearm. Id.; see also Bailey, — U.S. at -, 116 S.Ct. at 508-09
holding that additional sentencing points may not be assessed to conviction for possessing or carrying firearm where possession is unrelated to commission of any other substantive offense recognizing that sentencing guidelines may provide enhancements for mere possession of firearm during other offense holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense holding that sentencing enhancements and sentencing departures are not synonymous and that a waiver for upward departures imposed by the court does not permit the challenging of sentence enhancements holding that prior convictions are merely sentencing enhancements rather than elements of the offense