On November 28, 1989, a jury convicted John Westley Wilson of possession of cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1), and using or carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c). Wilson was sentenced to a term of 41 months’ imprisonment on the possession conviction and 60 months’ imprisonment on the using or carrying a firearm offense, the terms to be served consecutively. He also received a three year term of supervised
*1089
release on each offense, to run concurrently, and a $50 assessment on each count. On appeal we affirmed the convictions finding that the inventory search of the ear that Wilson was arrested in was lawful, and that he “used” the firearm in violation of § 924(c) making it unnecessary for us to determine whether he had also “carried” the firearm.
United States v. Wilson,
In March 1996, Wilson filed a motion for habeas corpus pursuant to 28 U.S.C. § 2255, arguing that the Supreme Court’s decision in
Bailey v. United States,
— U.S.-,
I. BACKGROUND
The facts are undisputed. On August 19, 1989, at approximately 2:00 p.m., Wilson was driving a car with only one license plate, in violation of Illinois law, and was stopped by Illinois State Trooper Thomas Oliverio. After a routine check of Wilson’s driver’s license revealed that he had an outstanding arrest warrant for a battery, he was arrested and placed in the squad car. Trooper Oliverio, along with another state trooper dispatched to the scene to provide assistance, inventoried the contents of the vehicle pursuant to the dictates of Illinois State Police Tow-In Policy and Procedure. While conducting the inventory of the trunk, the officers discovered a light plastic bag with a green design containing a shoulder holster with a loaded nine millimeter automatic pistol registered to Wilson with 15 rounds of ammunition in the magazine.
Wilson,
On August 25,1989, a grand jury returned a two-count indictment charging Wilson in Count One with possession of cocaine with the intent to distribute in violation of 21 U.S.C. § 841(a)(1), and Count Two with using or carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c). On October 27, 1989, Wilson’s counsel filed a motion to suppress the evidence found in the automobile and to suppress the incriminating statements he made after waiving his
Miranda
rights. The district court denied his motion, finding that the search was an inventory search, thereby excepted from the requirements of the Fourth Amendment, and that his statements were lawfully obtained. At trial a jury found Wilson guilty of both charges and the district court sentenced him. On direct appeal we affirmed Wilson’s convictions.
United States v. Wilson,
The district court properly found and the government agrees that the facts of this case do not support a determination that Wilson “used” a firearm in violation of § 924(c)(1) within the meaning of
Bailey.
In
Bailey,
the Supreme Court rejected the notion that mere possession is sufficient to satisfy the “use” prong of § 924(c) and stated that to meet this standard a defendant must have “actively employed the firearm during and in relation to the predicate crime.”
Bailey,
— U.S. at-,
Wilson sets forth four separate reasons why he believes that he should not have been convicted of “carrying” the gun in violation of § 924(c)(1). He argues that: (1) pre-Bailey and post-Bailey decisions from this circuit, as well as other circuits, do not support a finding that he “carried” the firearm; (2) he merely possessed or stored the firearm, as opposed to “carried” it; (3) the legislative history to § 924(e)(1) illustrates that Congress intended for the term “carry” to cover only those situations where a firearm is on a defendant’s person or in a readily accessible location at the time of arrest; and (4) the district court’s analysis was flawed because it solely relied on facts bearing on the “during and in relation to” element of the offense.
II. DISCUSSION
A. Definition of “Carrying” mth Respect to § m(e)(l)
“In reviewing a district court’s denial of a § 2255 motion, we consider all questions of law de novo and review all factual determinations for clear error.”
Bond v. United States,
Initially let us analyze the meaning of the term “carries” with respect to § 924(c)(1). 1 Wilson argues that the term “carries” requires that the firearm be on the defendant’s person, within immediate reach, or readily accessible. In support of this assertion he refers to the legislative history of § 924(c)(1) and gives quotes from several legislators that make apparent that the term “carrying” should apply when a defendant has a firearm on their person. (Appellant’s Br. at 2526.) However, we are not convinced that these statements indicate that Congress intended to limit “carrying” to solely that situation when a weapon is on the person.
It is a well-established principle that ‘“[c]ourts must presume that
a legislature says in a statute what it means and means in a statute what it says there.’ ” Baker v. Runyon,
In fact, Congress failed to define the term “carries” for purposes of § 924(c)(1). In situations where Congress fails to define a statutory term a court should “construe it in accord with its ordinary or natural meaning,”
Smith v. United States,
B. “Carrying" Conviction Does Not Require a Weapon to be Within Immediate Reach
Wilson points out that the district court’s reasoning for denying his § 2255 motion focused on the “during and in relation to” analysis from our opinion affirming his conviction on direct appeal.
2
Wilson,
The district court, having denied Wilson’s § 2255 motion one month prior to the issuance of our opinion in
Molina,
thus did not enjoy the benefit of that decision. Now, more than one year later,
Molina
controls our analysis, and is therefore deserving of further colloquy. In
Molina,
we considered whether an individual who transports a firearm and drugs, after having placed them together in the same remote, hidden compartment of his vehicle, had “carried” a gun during and in relation to a drug trafficking crime.
Molina,
gun does not have to be within a defendant’s immediate reach [to be carried]. If a firearm and drugs are in the same place, and the gun has been moved at all, such as with a car, then both the carrying and relation prongs have been established even if both the gun and the drugs are locked together in the trunk of the car.
Id.
at 932 (emphasis added) (citation omitted). This Court has since twice occasioned to
unanimously affirm Molina. See Young v. United States,
Our holdings in
Molina
and its progeny by no means stand alone; in fact, this Circuit is now in the majority of those which have heretofore considered, and answered in the negative, the question of whether immediate access to a firearm is necessary to satisfy § 924(c)(l)’s “carrying” requirement.
See United States v. Cleveland,
Three of our sister-circuits, on the other hand, have seen fit to impose an “immediate accessibility” condition on the satisfaction of § 924(c)(l)’s “carrying” prong.
See United States v. Cruz-Rojas,
[The defendant] satisfies the most restrictive possible definition of “carrying”— having a weapon on one’s person (“packing a gun”). He carried the gun to the car. He also carried the gun in the looser sense of transportation. He moved the gun from apartment to car, and the car transported [the defendant], gun, and drugs to the delivery location. The self-protection motive establishes the relation between drugs and gun. If on arriving at the scene [the defendant] had thrown the gun down a sewer, or locked it in the trunk, before delivering the drugs, this would not have mattered; the crime had been committed.
Young,
Prior to
Molina,
the Seventh Circuit had left unanswered the question of whether a firearm must be readily accessible or within immediate reach.
Baker,
In
Molina,
we affirmed the defendant’s conviction for “carrying” a firearm in relation to a drug trafficking offense where he drove a car that contained drugs and a gun located in a “secret compartment underneath the face of the speaker located in the rear seat on the driver’s side wall of the vehicle.”
Molina,
First, we held in
Molina
that “[i]f a firearm and drugs are in the same place, and the gun has been moved at all, such as with a ear, then both the carrying and relation prongs have been established....”
Id.
at 932. Wilson asserts that he did not “carry” the firearm, but rather merely possessed or stored it. This argument, while quite creative, is less than convincing for it is based not only on his mistaken belief that a weapon must be within immediate reach but also the Supreme Court’s statement in
Bailey
that: “A defendant cannot be charged under § 924(c)(1) merely for storing a weapon near drugs or drug proceeds. Storage of a firearm, without its more active employment, is not reasonably distinguishable from possession.”
Bailey,
— U.S. at-,
The “dining and in relation” element of § 924(c)(1) has also certainly been met for “if the drugs and gun are together in the same place it is nearly an inescapable conclusion that they satisfy the
in relation to
prong of § 924(c)(1).”
Molina,
*1094 After setting forth the holding in Molina, we went on and specifically addressed the factual situation left open in Baker, which is currently before the court, that being, when the drugs and gun are located together in a locked trunk. We explained that under the holding of Molina a defendant apprehended while driving a car containing a firearm and drugs in the trunk of the ear is “carrying” a firearm sufficient for a conviction under § 924(c)(1). Id.
C. A Weapon can be “Carried” Prior to the Time of Arrest for a Conviction Under § m(c)(l)
The reasoning in Molina supports the district court’s denial of habeas relief for a second reason. In Molina, we stated that it does not matter where the gun is at the time of the arrest because the defendant could still be convicted under § 924(c)(1) if he “carried” the firearm in relation to the drug trafficking crime at some earlier time.
The question before us is not where the gun was located at the time of arrest, but rather did the defendant carry the gun during and in relation to a drug trafficking crime. It does not matter where the gun was at the time of the arrest, if the defendant carried the gun in relation to the drugs at some earlier time. Molina does not contest his conviction for the drug trafficking crime ... and therefore, at the very least Molina could have been found to have carried the firearm in relation to a drug trafficking crime at the time he placed both the gun and cocaine together into the same compartment. Further, Molina did not offer as a defense the proposition that someone else had carried the gun or placed it in the trap with the drugs. Therefore, the placement of the gun in the trap with drugs, in a car which Molina drove, satisfies all of the statutory requirements of § 924(c)(1).
Molina,
Recasting the point as an argument that he did not “carry” the gun does not assist Young. He did not have the gun on his person when he was nabbed, but § 924(c) is not limited to persons who carry then-guns at the moment of arrest. United States v. Molina,102 F.3d 928 (7th Cir.1996), and United States v. Shelby,121 F.3d 1118 (7th Cir.1997), establish this point. In each of these cases, the police found drugs and a gun together in a “trap” — a secret compartment in the ear. In each case the defendant was empty handed when arrested. Nonetheless, we held in each ease that the trier of fact could infer that the defendant carried the gun in relation to the drugs at an earlier time, perhaps when the two were placed together into the container, or perhaps when the car transported owner, drugs, and gun simultaneously while the gun remained accessible to one who knew about the trap.
Once the defendant has committed all of the elements of the § 924(c) crime, it doesn’t matter how securely locked up, or how far away, the gun becomes.
Young,
Wilson disagrees that a “carrying” conviction can be based on a weapon being carried at some time prior to the arrest and relies primarily on
United States v. Jackson,
In Stanback, the defendant was arrested in his living room, where a loaded gun, cocaine, and a triple-beam scale were located on top of a makeshift coffee table. Subsequent to his arrest, Stanback pleaded guilty to “using or carrying” a firearm during and in relation to a drug trafficking crime. Following the Supreme Court’s decision in Bailey he sought habeas relief from the district court, arguing that he neither “used” nor “carried” a firearm in violation of § 924(c)(1). The district court denied him relief and determined that “even if Stanback had not ‘used’ a firearm in a way that satisfied Bailey, he nonetheless had ‘carried’ it and thus was properly convicted under section 924(c).” Id. at 652. On appeal, we reversed and remanded after concluding that the facts underlying Stanback’s plea were insufficient to establish that he had either “used” or “carried” a firearm in violation of § 924(c)(1). With respect to the “carrying” prong we stated that the defendant “may have carried the weapon earlier that evening in connection with his possession and preparation of the cocaine for distribution, but it could also be that he did not.” Id. at 657. However, we concluded that,
In view of the very few facts we have in the record, it is equally possible that the gun was placed on the table before Stan-back even acquired that cocaine; it is also possible that someone else carried the gun to the table, notwithstanding the fact that the gun belonged to Stanback.
Id.
Stanback
does not hold that the only period in question for a “carrying” conviction is at the time of the arrest. In fact, “[n]one of this circuit’s opinions holds that it is impermissible to use evidence gathered at the time of arrest to draw inferences about whether the gun was ‘carried’ earlier.”
Young,
On the other hand, this record demonstrates that Wilson not only admitted ownership of the gun but also admitted that he had been hired to deliver the cocaine to a third party in Murphysboro, Illinois. Wilson also stated that “the gun was simply one of the many possessions he was moving back to school.”
Wilson,
*1096 D. Authoritative Weight of Molina
Our decision in
Molina,
decided by a unanimous panel of this court, has neither been the subject of a petition for rehearing nor an application for a writ of certiorari, according to this court’s records. However, recently a few judges in this circuit have called into question the authoritative weight that the holding in
Molina
is entitled to receive.
See United States v. Cooke,
Wilson argues that our holding in
Molina
— that a weapon does not necessarily need to be within immediate reach when transported in a car and that the “carrying” of a gun can occur at some point prior to the time of arrest — is dicta that should not govern the present case. In
Molina,
the gun and drugs were located in a secret compartment in the driver’s side backseat speaker, rather than in the trunk of the car. However, we explained that “the presence of a firearm and drugs in the trunk of a car would be sufficient for a conviction under § 924(c)(1),”
Molina,
Our Molina holding stated that a firearm need not be within a defendant’s immediate reach when transported in a car for him to be convicted of “carrying” a firearm in violation of § 924(c), and that a gun can be “carried” at some time prior to the arrest for a defendant to be convicted of “carrying” a firearm in relation to a drug trafficking crime. In the case before us, once again, we hold and affirm our prior ruling that when a gun is transported in a vehicle it need not be within the immediate reach of a defendant to satisfy the “carrying” prong of § 924(c)(1) and also a person can be convicted under § 924(c)(1) if he “carried” the firearm at some time prior to his arrest, such as earlier that day. Therefore, it bears repeating that a gun does not need to be within immediate reach for a conviction pursuant to the “carry” prong of § 924(c)(1) when it is transported in a car during and in relation to a drug trafficking crime.
Affirmed.
Notes
. Section 924(c)(1) provides that "[w]hoever, during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm, shall, in addition to the punishment for such crime ... be sentenced to imprisonment for five years.... ”
. The district court stated:
In its decision on direct appeal in this case, the Seventh Circuit characterized the placement of the gun and drugs as follows: "The defendant’s gun ... was strategically located directly on top of the bag containing the cocaine and the defendant knew where the gun was and it was loaded and readily accessible for use if necessary should any problems arise during the drug transaction.”938 F.2d at 791 . Furthermore, the Court of Appeals stated:
The government’s evidence that the defendant’s gun was strategically placed on top of the bag containing the cocaine clearly established the necessary relationship between the defendant's gun and the drug trafficking offense for purposes of § 924(c). Thus, the jury could reasonably infer that the presence of the defendant’s gun directly on top of the bag containing the cocaine was linked to his drug trafficking participation in light of the fact that he was on his way to deliver the drugs.
(R. 6, District Court Mem. and Order of November 6, 1996, at 3 (quoting
Wilson,
