U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed)
Loaded on Feb. 1, 2000
published in Punch and Jurists
February 21, 2000
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Here, one of those almost certain to be appealed cases from the Ninth Circuit, the Court held that a defendant did not “use” a firearm in connection with a drug crime because the police never saw the loaded gun that he was initially holding.
In this surprising opinion, the Ninth ...
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More from this issue:
- U.S. v. Whitehead, No. 99-50200 (9th Cir.) (200 F.3d 634) (January 11, 2000) (Judge Kim McLane Wardlaw)
- U.S. v. Johnson, No. 99-1414 (7th Cir.) (200 F.3d 529) (January 13, 2000) (Judge Daniel A. Manion)
- U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed)
- U.S. v. Meyers, No. 98-8086 (10th Cir.) (200 F.3d 715) (January 4, 2000) (Judge Michael R. Murphy)
- U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)
- American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)
- U.S. v. Akande, No. 98-5526 (3rd Cir.) (200 F.3d 136) (December 28, 1999) (Judge Joseph F. Jr. Weis)
- American Immigration Lawyers Ass'n v. Reno, No. 98-5463 (D.D.C.) (199 F.3d 1352) (January 11, 2000) (Judge A. Raymond Randolph)
- U.S. v. Marino, No. 99-1618 (1st Cir.) (200 F.3d 6) (December 29, 1999) (Judge Conrad K. Cyr)
- U.S. v. Mosley, No. No. 97-4901 (4th Cir.) (200 F.3d 218) (December 30, 1999) (Per Curiam)
- U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry)
- U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)
- U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)
- U.S. v. Tocco, No. 98-2312 (6th Cir.) (200 F.3d 401) (January 5, 2000) (Judge Harry W. Wellford)
- Combs v. Coyle, No. 97-4369 (6th Cir.) (205 F.3d 269) (February 23, 2000) (Judge Karen Nelson Moore)
More from these topics:
- 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.
- Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA, July 15, 2020. Terrorist Designation/Terrorism Label, Possession or Use of Firearms.