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U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

Case held that although defendant did not actively "use" a gun in connection with his marijuana crime, he could be charged with a weapon enhancement under § 2K2.1(b)(5) under the "possession" prong of 18 USC § 924(c).

One of the critical Guidelines issues raised in this case was whether the ...

 

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