U.S. v. Garth, No. 97-1042 (3rd Cir.) (188 F.3d 99) (August 16, 1999) (Judge Theodore A. McKee)
In this case the Court noted, but failed to take sides, on the disagreement between the Second and Sixth Circuits as to whether a defendant can be found guilty of a gun crime under 18 USC ยง 924(c) based only on constructive possession.
The Court noted: "There is disagreement among ...
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