U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)
Loaded on May 1, 2001
published in Punch and Jurists
May 21, 2001
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
Here the Court held that a defendant who receives guns in exchange for drugs does not per se “use” the gun within the meaning of 18 U.S.C. § 924(c) which prohibits the “use” of a gun during and in relation to a drug trafficking offense.
In this case, …
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More from this issue:
- Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia)
- Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer)
- In Re: Sealed Case, No. 00-3057 (D.C. Cir.) (246 F.3d 696) (April 24, 2001) (Judge Stephen F. Williams)
- U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)
- Idaho v. Horiuchi, No. 98-30149 (9th Cir.) (253 F.3d 359) (June 5, 2001) (Judge Alex Kozinski)
- U.S. v. Kimes, No. 00-5144 (6th Cir.) (246 F.3d 800) (April 13, 2001) (Judge David A. Nelson)
- U.S. v. Strayhorn, No. 99-5203 (6th Cir.) (250 F.3d 462) (May 22, 2001) (Judge Karen Nelson Moore)
- U.S. v. Dove, No. 00-4248 (4th Cir.) (247 F.3d 153) (April 13, 2001) (Judge Karen J. Williams)
More from these topics:
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- 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.
- The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.