Search | Punch and Jurists

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Legros, No. 05-2828-cr (2nd Cir.) (529 F.3d 470) (June 17, 2008) (Judge Robert D. Sack) by Sentence enhancement for possessing a firearm in connection with another felony offense is vacated and remanded for resentencing where, in absence of a more detailed explanation identifying facts in the record which …

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam)

Article • March 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (398 F.3d 1276) (February 4, 2005) (Per Curiam) by Petitioner sought a rehearing after the United States District Court for the Northern District of Georgia denied his motion seeking leave to file an untimely 28 U.S.C. § 2255 motion to vacate, set aside, …

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Montano, No. 03-11950 (11th Cir.) (381 F.3d 1265) (August 26, 2004) (Judge J. Owen Forrester) by 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. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero) by The United States District Court for the District of New Mexico found that, on the one hand, a U.S. Sentencing Guidelines Manual § 2D1.1 sentence enhancement applied because a dangerous weapon was possessed, …

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor)

Article • October 6, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

Bailey v. U.S., No. 94-7448 (U.S. Supreme Court) (516 U.S. 137; 116 S.Ct. 501) (December 6, 1995) (Justice O'Connor) by This case was a consolidated case involving two separate defendants who had been charged under the previous version of § 924(c)(1) for "use and carry" of a firearm. The police …

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Goines, No. 01-7500 (4th Cir.) (357 F.3d 469) (January 28, 2004) (Judge William W. Jr. Wilkins) by The defendant was charged with being an unlawful drug user in possession of a firearm, in violation of 18 U.S.C. § 922(g)(3), and carrying a firearm during a drug trafficking crime, …

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly) by The defendant in this case appealed from a judgment of the District Court which denied his motion to dismiss the indictment against him and applied a four-level enhancement to his base …

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard) by The defendant in this case argued that the district court had erred by imposing a four level enhancement, pursuant to U.S.S.G. § 2K2.1(b)(5), for using a firearm in connection with "another felony …

U.S. v. Scolaro, No. 01-3365 (8th Cir.) (299 F.3d 956) (August 15, 2002) (Judge Gerald W. Heaney)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Scolaro, No. 01-3365 (8th Cir.) (299 F.3d 956) (August 15, 2002) (Judge Gerald W. Heaney) by This case is noted particularly for Judge Bright's strong and persuasive dissent that the majority improperly affirmed an enhancement under USSG § 2K2.1(b)(5) despite the fact that the defendant had not used …

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle) by Here the D.C.Circuit joined with the Fifth and Sixth Circuits in holding that the "in furtherance of" language contained in 18 USC § 924(c)(1)(A) requires more than mere possession of the gun; …

U.S. v. Mackey, No. 00-5666 (6th Cir.) (265 F.3d 457) (September 12, 2001) (Judge Allen E. Norris)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Mackey, No. 00-5666 (6th Cir.) (265 F.3d 457) (September 12, 2001) (Judge Allen E. Norris) by In this post-Bailey case, the Court held that the words "in furtherance of" in the new provisions of 18 USC § 924(c)(1)(A) requires that the gun must "promote or facilitate" the underlying …

U.S. v. Ennenga, No. 00-1226 (6th Cir.) (263 F.3d 499) (August 17, 2001) (Judge Ronald Lee Gilman)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Ennenga, No. 00-1226 (6th Cir.) (263 F.3d 499) (August 17, 2001) (Judge Ronald Lee Gilman) by In this case the defendant contested the use of a sentencing enhancement under U.S.S.G. § 2K2.1(b)(5) for use of a gun in connection with a drug transaction, arguing that the Government had …

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Le, No. 00-11124 (11th Cir.) (256 F.3d 1229) (July 11, 2001) (Judge Alfred T. Goodwin) by In this case, the defendant was given a consecutive 60-month sentence for a § 924(c) firearms offense, as well as a seven level increase in his sentence under U.S.S.G. § 2B3.1(b)(2)(A) based …

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Stewart, No. 00-3033 (D.C. Cir.) (246 F.3d 728) (May 1, 2001) (Judge David B. Sentelle) by 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 …

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Finley, No. 00-1090 (2nd Cir.) (245 F.3d 199) (April 5, 2001) (Judge Wilfred Feinberg) by This case presents another striking example of sentencing factor manipulation - this time involving the prosecution’s use of the mandatory minimum gun statutes as the means of escalating sentences that are already warped …

U.S. v. Loney, No. 99-5774 (3rd Cir.) (219 F.3d 281) (July 18, 2000) (Judge Robert E. Cowen)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Loney, No. 99-5774 (3rd Cir.) (219 F.3d 281) (July 18, 2000) (Judge Robert E. Cowen) by In this case the Third Circuit held that evidence that a defendant possessed a loaded firearm while possessing drugs for sale will usually be enough to trigger the enhancement provided by U.S.S.G. …

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. McKissick, No. 98-6320 (10th Cir.) (204 F.3d 1282) (February 24, 2000) (Judge Wade Brorby) by Here the Court held that the defendant was properly convicted of using or possessing a firearm in connection with a drug crime under 18 USC § 924(c) even though his actual use in …

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Lipford, No. 97-4811 (4th Cir.) (203 F.3d 259) (February 7, 2000) (Judge Robert Bruce King) by Here the Fourth Circuit held that where a handgun had at least the "potential" of attracting the defendant into making a sale of drugs, a jury could properly conclude that the drug …

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Guess, No. 98-16323 (9th Cir.) (203 F.3d 1143) (February 10, 2000) (Judge Joseph T. Sneed) by 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 …

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Fredrickson, No. 99-1535 (8th Cir.) (195 F.3d 438) (November 15, 1999) (Per Curiam) by In this case the defendant appealed, arguing that the district court erred in applying the § 2K2.2(b)(5) enhancement because he did not commit another felony offense and there was insufficient evidence that he intended …