Is a predicate drug offence an element of section 924(c)(1) of the Criminal Code?

4 Our conclusion is consistent with (but not compelled by) the fact that section 924(c)(1) defines a free-standing substantive crime, and is not merely a sentencing enhancement provision. See United States v. Anderson, 59 F.3d 1323, 1326 (D.C.Cir.) (en banc) (holding that predicate drug offense is an element of a section 924(c)(1) crime), cert. denied, --- U.S. ----, 116 S.Ct. 542, 133 L.Ed.2d 445 (1995). A section 924(c)(1) conviction can stand on its own even if a defendant is not charged with the underlying drug offense. Id.

5 The instruction given stated that the government must prove:

First, the defendant knowingly possessed methamphetamine.

Second, the defendant possessed it with the intent to deliver it to another person.