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U.S. v. Lopez-Sandoval, No. 97-30167 (9th Cir.) (146 F.3d 712) (June 15, 1998) (Judge Harry Pregerson)

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

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

U.S. v. Lopez-Sandoval, No. 97-30167 (9th Cir.) (146 F.3d 712) (June 15, 1998) (Judge Harry Pregerson) by Case held that the § 2D1.1(b)(1) enhancement for possessing a firearm applies unless it is "clearly improbable" that the weapon was connected with the offense.

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay)

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

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

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay) by In defining the charged crime to the jury, the district court stated: "Ignore the word 'carry'. I am simply going to instruct you about use." The majority concluded that "even though the …

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay)

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

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

U.S. v. Munoz, No. 96-2797 (2nd Cir.) (143 F.3d 632) (April 22, 1998) (Judge Donald P. Lay) by Court affirmed a § 924(c) conviction for "carrying" a firearm even though the jury was instructed only to consider whether the defendant had "used" the weapon, and that instruction was erroneous under …

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford)

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

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

U.S. v. Paredes, No. 96-4525 (11th Cir.) (139 F.3d 840) (April 22, 1998) (Judge Harry W. Wellford) by Court held that defendant's sentence was properly enhanced on grounds that gun was used or possessed in connection with robberies even though robberies were grouped with felon in possession conviction.

U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom)

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

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

U.S. v. Gobert, No. 97-30131 (5th Cir.) (139 F.3d 436) (March 31, 1998) (Judge John Minor Wisdom) by Case held (before Supreme Court's decision in Muscarella) that defendant was entitled to a certificate of appealability since Government had failed to establish that defendant had a weapon within reach and therefore …

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)

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

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

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd) by This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession …

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd)

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

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

U.S. v. Gibson, No. 96-6437 (6th Cir.) (135 F.3d 1124) (February 10, 1998) (Judge David G. Jr. Dowd) by This case involves another of those marvelous linguistic subtleties that we so often see under the Guidelines. Application Note 3 to U.S.S.G. § 2D1.1 states that a sentence enhancement for possession …

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly)

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

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

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly) by Here the Court approved a § 2D1.1(b)(1) enhancement for possession of a dangerous weapon that were found at the defendant's lab where he worked and residence because the court found they …

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)

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

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

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by As a prelude to this case, it should be noted that, by 1991, there were more than 100 separate Federal mandatory minimum statutes (see, U.S. v. Spencer, 25 F.3d 1105, 1112 (D.C.Cir. 1994)). …

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton)

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

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

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton) by In this case, the defendant Knobloch pled guilty to three counts charging him with conspiracy to distribute marijuana, distribution of anabolic steroids to an individual named Davis, and using and carrying a …

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay) by One of the issues raised in this case was whether the defendants could properly be convicted of a gun charge under 18 U.S.C. § 924(c), for "using" or "carrying" a weapon "during …

U.S. v. Cardoza, No. 96-1470 (1st Cir.) (129 F.3d 6) (October 27, 1997) (Judge Hugh H. Bownes)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Cardoza, No. 96-1470 (1st Cir.) (129 F.3d 6) (October 27, 1997) (Judge Hugh H. Bownes) by United States v. Williams, 128 F.3d 1128 (7th Cir. 1997) (Judge Kanne) United States v. Cardoza, 129 F.3d 6 (1st Cir. 1997) (Judge Bownes) Here are two more cases that show the …

U.S. v. Smith, No. 96-9097 (11th Cir.) (127 F.3d 1388) (November 17, 1997) (Judge Joel F. Dubina)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Smith, No. 96-9097 (11th Cir.) (127 F.3d 1388) (November 17, 1997) (Judge Joel F. Dubina) by Case upheld sentencing enhancement for use of guns during drug offense (even though defendant argued that gun was not in his possession at time of drug crime) based on relevant conduct. This …

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson)

Article • December 1, 1997 • from P&J December, 1997

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

U.S. v. Harris, No. 96-4539 (4th Cir.) (128 F.3d 850) (October 29, 1997) (Judge J. Harvie III Wilkinson) by Use of gun enhancement under U.S.S.G. Sec. 2D1.1(b)(1) does not require proof of precisely concurrent acts.

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Adams, No. 96-2605 (7th Cir.) (125 F.3d 586) (September 24, 1997) (Judge Richard D. Cudahy) by In affirming the use of the "gun bump enhancement" specified in § 2D1.1(b)(1), the Court held that it is not necessary for the Government to show that the gun was present during …

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner)

Article • November 1, 1997 • from P&J November, 1997

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

U.S. v. Tyler, No. 97-1649 (7th Cir.) (125 F.3d 1119) (September 29, 1997) (Judge Ilana Diamond Rovner) by Essentially, the Court stated that: "Although it is the government's initial burden to prove by a preponderance of evidence 'that the defendant possessed a weapon in a place where drugs were present', …

U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer)

Article • October 1, 1997 • from P&J October, 1997

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

U.S. v. Cazares, No. 96-30098 (9th Cir.) (121 F.3d 1241) (August 21, 1997) (Judge William W. Schwarzer) by This important case was first reviewed by us in our June 16, 1997 issue (Vol. 4, No. 24). Presumably, after a Government request for a rehearing, the original decision which was reported …

U.S. v. Westmoreland, No. 96-1217 (7th Cir.) (122 F.3d 431) (August 20, 1997) (Judge Ilana Diamond Rovner)

Article • October 1, 1997 • from P&J October, 1997

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

U.S. v. Westmoreland, No. 96-1217 (7th Cir.) (122 F.3d 431) (August 20, 1997) (Judge Ilana Diamond Rovner) by Here the Government agents gave the defendant an inoperable, unloaded gun in the place of currency and then attempted to convict him for the crime of using or carrying a gun during …

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Phan, No. 96-4219 (4th Cir.) (121 F.3d 149) (July 29, 1997) (Judge Donald S. Russell) by This case involved a defendant's delivery of two handguns to a prospective robber for use in a robbery. The robbery never took place - and the Court addressed the question of whether …

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam) by Citing earlier cases, the Court held that it is not error to apply the § 2D1.1(b)(1) enhancement to a defendant's sentence when only his co-conspirator was shown to have used the gun - so …