U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively)
Loaded on Feb. 1, 1997
published in Punch and Jurists
February 24, 1997
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Case held that evidence was insufficient to support finding that defendant carried a firearm during and in relation to a drug trafficking offense where unloaded gun was found in zippered gym back in back seat of car.
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More from this issue:
- U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively)
- U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood)
- U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)
- U.S. v. Adams, No. 96-1442 (8th Cir.) (104 F.3d 1028) (January 15, 1997) (Judge Morris Sheppard Arnold)
- U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum)
- U.S. v. Maduka, No. 95-2066 (6th Cir.) (104 F.3d 891) (January 22, 1997) (Judge Cornelia G. Kennedy)
- U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)
- U.S. v. Gerstein, No. 95-3056 (7th Cir.) (104 F.3d 973) (January 16, 1997) (Judge John L. Coffey)
- U.S. v. Lopez, No. 95-30230 (9th Cir.) (104 F.3d 1149) (January 14, 1997) (Per Curiam)
- U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha)
- U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)
- U.S. v. Turner, No. 95-50494 (9th Cir.) (104 F.3d 1180) (January 16, 1997) (Judge John T. Jr. Noonan)
- U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)
- U.S. v. Dudley, No. 95-3134 (D.C. Cir.) (104 F.3d 442) (January 14, 1997) (Judge Karen LeCraft Henderson)
- U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin)
- U.S. v. Wing, No. 96-1868 (7th Cir.) (104 F.3d 986) (January 16, 1997) (Judge Joel L. Flaum)
- U.S. v. Moore, No. 93-3158 (D.C. Cir.) (104 F.3d 377) (January 7, 1997) (Judge David B. Sentelle)
- U.S. v. Brown, No. 96-8134 (11th Cir.) (104 F.3d 1254) (February 3, 1997) (Per Curiam)
- Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (104 F.3d 507) (January 17, 1997) (Judge Juan R. Torruella)
- U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)
- U.S. v. Olson, No. 95-1522 (10th Cir.) (104 F.3d 1234) (January 17, 1997) (Judge Deanell R. Tacha)
- U.S. v. Brennick, No. 95-10197-NG (D.Mass.) (949 F.Supp. 32) (October 1, 1996) (Judge Nancy Gertner)
- U.S. v. Hawkins, No. 95-3185 (D.C. Cir.) (104 F.3d 437) (January 14, 1997) (Judge Douglas Ginsburg)
- U.S. v. Keen, No. 95-10183 (9th Cir.) (104 F.3d 1111) (January 2, 1997) (Judge Diane P. Wood)
- U.S. v. Monem, No. 96-2663 (7th Cir.) (104 F.3d 905) (January 13, 1997) (Judge Joel L. Flaum)
More from these topics:
- 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.
- The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, May 15, 2021. Possession or Use of Firearms.
- Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively, Jan. 15, 2021. Possession or Use of Firearms, Firearms, Constructive/Imputed/Presumed knowledge.