U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)
Loaded on Sept. 1, 2004
published in Punch and Jurists
September 27, 2004
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
In Smith v. U.S., 508 U.S. 223 (1993), the Supreme Court held that the bartering of guns to obtain drugs constitutes an “active use” of a firearm within the meaning of 18 U.S.C. § 924(c). The Circuits remain divided, however, on the converse scenario - namely the bartering of drugs ...
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More from this issue:
- U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)
- U.S. v. Pimental, No. 03-1093 (1st Cir.) (380 F.3d 575) (August 30, 2004) (Judge Gerard E. Lynch)
- Collins v. Ainsworth, No. 03-60539 (5th Cir.) (382 F.3d 529) (August 20, 2004) (Judge Harold R. Jr. DeMoss)
- U.S. v. Brigham, No. 02-40719 (5th Cir.) (382 F.3d 500) (August 19, 2004) (Judge Edith H. Jones)
- U.S. v. Phillips, No. 03-50520 (5th Cir.) (382 F.3d 489) (August 18, 2004) (Judge Carl E. Stewart)
- Elwood v. Jeter, No. 04-2253 (8th Cir.) (386 F.3d 842) (October 18, 2004) (Judge Michael J. Melloy)
- U.S. v. Jones, No. 03-1411 (3rd Cir.) (382 F.3d 403) (August 27, 2004) (Judge Dolores K. Sloviter)
- U.S. v. Atondo-Santos, No. 04-10095 (9th Cir.) (385 F.3d 1199) (October 6, 2004) (Judge Alfred T. Goodwin)
- Richmond v. Scibana, No. 04-2264 (7th Cir.) (387 F.3d 602) (October 19, 2004) (Judge Frank H. Easterbrook)
- U.S. v. Chandler, No. 03-10725 (11th Cir.) (388 F.3d 796) (October 19, 2004) (Judge James C. Hill)
- Al Odah v. U.S., No. Civ. No. 02-828 (CKK) (D.D.C.) (346 F.Supp.2d 1) (October 20, 2004) (Judge Coleen Kollar-Kotelly)
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.