U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl)
Loaded on July 1, 1996
published in Punch and Jurists
July 29, 1996
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Here the Court held that the sentencing enhancement contained in § 2D1.1(b)(1) did not apply where the weapon was used to rob co-conspirators, which was not in furtherance of the drug conspiracy but instead adverse to the interests of the conspiracy.
This is another Guidelines case that deals …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain)
- U.S. v. Sims, No. 96-1068 (7th Cir.) (144 F.3d 1082) (May 22, 1998) (Judge Diane P. Wood)
- Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner)
- U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour)
- U.S. v. Allison, No. 95-10289 (9th Cir.) (86 F.3d 940) (June 24, 1996) (Judge Melvin Brunetti)
- U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl)
More from these topics:
- California Court of Appeal Announces Defendants Who Exercise Right to Jury Trial on Aggravating Circumstances Are Entitled to Closing Argument by Counsel on Those Factors, July 1, 2026. Sixth Amendment, Counsel - Constructive denial of, Possession or Use of Firearms, Sentences - Adjustments and Departures, Grounds for Relief.
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026. Guard Misconduct, Conspiracies, Attempts, Solicitations, False Statements/Perjury, Possession or Use of Firearms, Abuse of Position of Trust.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, Sept. 15, 2021. RICO, Possession or Use of Firearms, Gang Membership.