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U.S. v. Lafortune, No. 99-1059 (1st Cir.) (192 F.3d 157) (September 15, 1999) (Judge James C. Hill)

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

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

U.S. v. Lafortune, No. 99-1059 (1st Cir.) (192 F.3d 157) (September 15, 1999) (Judge James C. Hill) by

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen)

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

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

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen) by In this case the Government appealed from the district court’s determination (a) that the defendant was not subject to a two-level sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) because he had an unloaded …

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen)

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

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

U.S. v. Hernandez, No. 98-3404 (8th Cir.) (187 F.3d 806) (August 11, 1999) (Judge David R. Hansen) by Here the Court rejected a Government appeal that the defendant should have been given an enhancement under USSG § 2D1.1(b)(1) and should have been denied a safety valve reduction because it failed …

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett)

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

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

U.S. v. Shuler, No. 99-1060 (10th Cir.) (181 F.3d 1188) (July 6, 1999) (Judge James E. Barrett) by The defendants in this case robbed a sporting goods store and its owner of several firearms, including a machine gun. It was stipulated during trial that the stolen firearms were simply carried …

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich)

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

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

U.S. v. Stotts, No. 97-6221 (6th Cir.) (176 F.3d 880) (May 12, 1999) (Judge Richard F. Suhrheinrich) by Here the Court held that carrying an unassembled destructive device is insufficient to satisfy either the "use" or "carry" prong of § 924(c)(1); it merely established proximity and accessibility but not active …

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan)

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

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

U.S. v. Taylor, No. 96-6341 (6th Cir.) (176 F.3d 331) (May 10, 1999) (Judge James L. Ryan) by In this case the majority took issue with the Fourth Circuit's holding in U.S. v. Phan, 121 F.3d 149, 153 (4th Cir. 1997) where that court, under similar circumstances, held that the …

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore)

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

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

U.S. v. Williams, No. 96-3456 (6th Cir.) (176 F.3d 301) (February 23, 1999) (Judge Karen Nelson Moore) by Here the Court held that the "gun bump" enhancement contained in USSG § 2D1.1(b)(1) is not precluded because the gun charge was dismissed under the Supreme Court's decision in Bailey v. U.S., …

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott)

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

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

U.S. v. Smith, No. 98-10271 (9th Cir.) (175 F.3d 1147) (May 4, 1999) (Judge Stephen S. Trott) by Case held that conduct that warrants a sentence enhancement for possession of a gun under USSG § 2D1.1(b)(1) "necessarily defeats" the application of the safety valve under § 5C1.2(2). Here a gun …

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller)

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

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

U.S. v. Shuler, No. Crim. 98-CR-193-WM (D.Colo.) (37 F.Supp.2d 1206) (January 22, 1999) (Judge Walker D. Miller) by Here the Court held that carrying firearms as the loot of a robbery, where they were not brandished or used to threaten anyone or to effectuate the robbery, did not qualify as …

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris)

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

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

U.S. v. Hunter, No. 97-6903 (11th Cir.) (172 F.3d 1307) (April 20, 1999) (Judge Jerome Farris) by In this case the Court reconciled the "arguable inconsistencies" in its prior holdings in U.S. v. Cooper, 111 F.3d 845 (11th Cir. 1997) (where the court vacated an enhancement because the Government failed …

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl)

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

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

U.S. v. Ellis, No. 98-1482 (1st Cir.) (168 F.3d 558) (February 26, 1999) (Judge Norman H. Stahl) by This is an interesting case in which the First Circuit put the brakes on the Government's ever-expansive ability to enhance a gun sentence if the defendant used or possessed the firearm "in …

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam)

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

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

U.S. v. Ponce, No. 98-1103(L) (2nd Cir.) (168 F.3d 584) (January 22, 1999) (Per Curiam) by The Court held: "On appeal, the Government argues that under the terms of Application Note 3 to § 2D1.1(b)(1), the presence of the gun provides sufficient basis for the increase regardless whether the gun …

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay)

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

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

U.S. v. Warwick, No. 97-5984 (6th Cir.) (167 F.3d 965) (February 10, 1999) (Judge Eric L. Clay) by This case is noted for the Sixth Circuit's ruling on the Government appeal from the district court's (Judge Jarvis) dismissal of a gun charge under 18 U.S.C. § 924(c) based on "outrageous …

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer)

Article • February 13, 1999

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

Muscarello v. U.S., No. 96-1654 (U.S. Supreme Court) (524 U.S. 125; 118 S.Ct. 1911) (June 8, 1998) (Justice Breyer) by Here the Court held that the phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or …

U.S. v. Vaziri, No. 97-8117 (10th Cir.) (164 F.3d 556) (January 6, 1999) (Judge Stephen H. Anderson)

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

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

U.S. v. Vaziri, No. 97-8117 (10th Cir.) (164 F.3d 556) (January 6, 1999) (Judge Stephen H. Anderson) by This is one of those cases that shows the wondrous word games of criminal justice. One of the issues in this case was whether two of the defendants "possessed" a gun during …

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza)

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

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

U.S. v. Brown, No. 95-31000 (5th Cir.) (161 F.3d 256) (November 16, 1998) (Judge Emilio M. Garza) by Here the Court expressly overruled U.S. v. Fike, 82 F.3d 1315 and U.S. v. Brown, 102 F.3d 1390. Here the en banc court held that an erroneous pre-Bailey instruction on the "use" …

U.S. v. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam)

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

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

U.S. v. Vasquez, No. 98-10043 (5th Cir.) (161 F.3d 909) (November 30, 1998) (Per Curiam) by Cae held that because the defendant failed to establish by a preponderance of evidence that he did not possess a firearm in connection with his drug conspiracy, he did not qualify for a "safety …

U.S. v. Schmalzreid, No. 96-41086 (5th Cir.) (152 F.3d 354) (August 20, 1998) (Per Curiam)

Article • September 1, 1998 • from P&J September, 1998

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

U.S. v. Schmalzreid, No. 96-41086 (5th Cir.) (152 F.3d 354) (August 20, 1998) (Per Curiam) by This is another appeal of a gun conviction based on the Supreme Court's decision in Bailey v. U.S., 516 U.S. 137 (1995), but it is noted because it contains an important clarification of the …

U.S. v. Pearce, No. 97-2173 (10th Cir.) (146 F.3d 771) (May 18, 1998) (Judge James K. Logan)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Pearce, No. 97-2173 (10th Cir.) (146 F.3d 771) (May 18, 1998) (Judge James K. Logan) by Here the Court held that the "use" prong of § 924(c) was not satisfied when the evidence merely showed that bombs were stored near drugs in light of evidence that each bomb …

U.S. v. Pitts, No. Crim. A. 97-44-3 (E.D.Pa.) (3 F.Supp.2d 637) (June 1, 1998) (Judge Anita B. Brody)

Article • August 1, 1998 • from P&J August, 1998

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

U.S. v. Pitts, No. Crim. A. 97-44-3 (E.D.Pa.) (3 F.Supp.2d 637) (June 1, 1998) (Judge Anita B. Brody) by In this case the defendant was convicted of possession of drugs with intent to distribute, but he was acquitted on a weapons charge. At sentencing, the Government moved for a sentence …