it reasonably appears that the firearms found on the premises controlled or owned by a defendant and in his actual or constructive possession are to be used to protect the drugs or otherwise facilitate a drug transaction, then such firearms are used ‘during and in relation to’ a drug trafficking crime.” (quoting 18 U.S.C. § 924(c)(1))). Though the Supreme Court has curtailed the theory in relation to § 924(c)(1) by holding that the term “use” in § 924(c)(1) means “active employment” and not merely possession, see Bailey v. United States, 516 U.S. 137, 150, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the theory is still applicable in § 2K2.1(b)(5) cases because the latter provision contains the additional word “possessed.” See United States v. Covert, 117 F.3d 940, 947-48 (6th Cir.1997) (<HOLDING>). A difficulty in applying the theory in the
holding that title vii continues to apply to undocumented workers after irca holding that woodfields fairnotice standard continues to apply holding that the protection of the work product rule continues after litigation has terminated holding that the thirdparty beneficiary theory did not apply holding that the theory continues to apply under  2k21b5 postbuiley