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U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner)

This is a significant decision that deals with the history, purposes and interpretation of U.S.S.G. § 2D1.1(b)(1), a provision that establishes a two-level sentencing enhancement if a dangerous weapon was “possessed” in connection with a drug crime. Actually, the language does not specify whether the gun must be possessed “in ...

 

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