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Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall)

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

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

Denton v. Hernandez, No. 95-5903 (4th Cir.) (120 F.3d 464) (July 23, 1997) (Judge Kenneth K. Hall) by In this case, one of the crimes for which the defendant was convicted was that he had possessed a firearm during and in relation to a drug trafficking offense in violation of …

U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell)

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

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

U.S. v. Wilson, No. 95-5560 (4th Cir.) (115 F.3d 1185) (June 17, 1997) (Judge Donald S. Russell) by In this mildly surprising decision, the Fourth Circuit held that the Government had failed to present sufficient evidence to support a conviction for using or possessing a gun during and in relation …

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley)

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

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

U.S. v. McPhail, No. 95-60468 (5th Cir.) (112 F.3d 197) (May 12, 1997) (Judge Thomas M. Reavley) by Court refused to infer that a gun seized from a defendant known to have been involved in the drug trade for months was carried in car for the purpose of faciltating a …

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold)

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

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

U.S. v. Cooper, No. 96-6717 (11th Cir.) (111 F.3d 845) (May 5, 1997) (Judge John C. Godbold) by The issue in this case was whether the district court had erred by imposing a two-level sentence enhancement, pursuant to U.S.S.G. § 2D1.1(b)(1). The Eleventh Circuit ruled that the district court had …

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker)

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

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

U.S. v. Johnstone, No. 95-5833 (3rd Cir.) (107 F.3d 200) (February 24, 1997) (Judge Edward R. Becker) by One of the issues raised in this case was the validity of a four point enhancement that was imposed for the use of a dangerous weapon under U.S.S.G. § 2A2.2(b)(2)(B). Here, the …

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam)

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

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

U.S. v. Muscarello, No. 96-30591 (5th Cir.) (106 F.3d 636) (February 13, 1997) (Per Curiam) by See also U.S. v. Cleveland, 106 F.3d 1056 (1st Cir. 1997). In this case, the defendant, a bailiff working for the local Sheriff's office, pled guilty to knowingly using and carrying a firearm in …

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell)

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

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

U.S. v. Cleveland, No. 96-1043 (1st Cir.) (106 F.3d 1056) (February 18, 1997) (Judge Levin H. Campbell) by See also U.S. v. Muscarello, 106 F.3d 636 (5th Cir. 1997). Case is noted because it is one of two cases that the Supreme Court has agreed to hear to resolve the …

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis)

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

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

U.S. v. Wilson, No. 95-7245 (3rd Cir.) (106 F.3d 1140) (February 14, 1997) (Judge Timothy K. Lewis) by Here's another "safety valve" case under the Guidelines - and this one is significant because of its holding that the defendant's possession of a firearm in connection with a prior drug dealing …

U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively)

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

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

U.S. v. Malcuit, No. 95-3794 (6th Cir.) (104 F.3d 880) (January 21, 1997) (Judge Nelson Lively) by Case held that evidence was insufficient to support finding that defendant carried a firearm during and in relation to a drug trafficking offense where unloaded gun was found in zippered gym back in …

U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan)

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

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

U.S. v. Hallum, No. 96-7053 (10th Cir.) (103 F.3d 87) (December 31, 1996) (Judge James K. Logan) by Here the Court affirmed the district court's use of the commentary to USSG § 2D1.1 when interpreting whether a defendant possessed a weapon within the meaning of USSG § 5C1.2(2) so as …

U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld)

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

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

U.S. v. Casterline, No. 96-30036 (9th Cir.) (103 F.3d 76) (December 24, 1996) (Judge Andrew J. Kleinfeld) by Here's one of those far-fetched crazy cases that shows the extremes to which prosecutors will sometimes go to notch up another easy conviction. The defendant was charged and convicted on three counts …

U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer)

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

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

U.S. v. Golden, No. 96-1380 (7th Cir.) (102 F.3d 936) (December 18, 1996) (Judge William J. Bauer) by United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per Curiam) United States v. Molina, 102 F.3d 928 (7th Cir. 1996) (Judge Coffey) United States v. Golden, 102 F.3d 936 (7th …

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam)

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

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

U.S. v. Taylor, No. 94-3853 (6th Cir.) (102 F.3d 767) (December 10, 1996) (Per Curiam) by Case explored concept of using or carrying a gun during or in relation to a drug trafficking crime or a crime of violence. United States v. Taylor, 102 F.3d 767 (6th Cir. 1996) (Per …

U.S. v. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green)

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

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

U.S. v. Mitchell, No. 96-0630(JLG) (D.D.C.) (946 F.Supp. 1) (November 5, 1996) (Judge June L. Green) by Here, Judge Green adds a new and significant dimension to the ongoing battle about whether the courts have the power to impose a "gun bump" enhancement under U.S.S.G. § 2D1.1(b)(1) to a defendant's …

U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak)

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

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

U.S. v. Cruz-Rojas, No. 95-1711 (2nd Cir.) (101 F.3d 283) (November 29, 1996) (Judge Louis H. Pollak) by Case held that Bailey's "active employment" of a gun concept is limited to the "use" prong of § 924(c) and does not apply to the "carry" prong. The fallout from the Supreme …

U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey)

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

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

U.S. v. Molina, No. 96-2108 (7th Cir.) (102 F.3d 928) (December 18, 1996) (Judge John L. Coffey) by "Carry" prong of crime is met is both guns and drugs are moved at all, even if gun is not immediately avaialble for use. United States v. Taylor, 102 F.3d 767 (6th …

U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. Behler, No. 95-3810 (8th Cir.) (100 F.3d 632) (November 18, 1996) (Judge David R. Hansen) by The defendant in this case was charged and convicted of a gun crime in violation of 18 U.S.C. § 924(c). Two months after his sentencing, the Supreme Court ruled, in Bailey v. …

U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay)

Article • November 1, 1996 • from P&J November, 1996

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

U.S. v. Barry, No. 96-1941 (8th Cir.) (98 F.3d 373) (October 17, 1996) (Judge Donald P. Lay) by Ever since the Supreme Court narrowed the definition of "use" in Bailey v. U.S., 133 L.Ed.2d 472 (1995), for purposes of a conviction under 18 U.S.C. § 924(c) (using or carrying a …

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings)

Article • November 1, 1996 • from P&J November, 1996

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

U.S. v. Patterson, No. 96-1975 (7th Cir.) (97 F.3d 192) (October 1, 1996) (Judge Walter J. Cummings) by One of the issues raised in this appeal from a drug conviction was whether the district court properly imposed a four-level sentence enhancement under U.S.S.G. § 2K2.1(b)(5) based on mere proximity to …

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins)

Article • September 1, 1996 • from P&J September, 1996

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

U.S. v. Polanco, No. 95-50341 (9th Cir.) (93 F.3d 555) (August 15, 1996) (Judge Michael Daly Hawkins) by Case held that although defendant did not actively "use" a gun in connection with his marijuana crime, he could be charged with a weapon enhancement under § 2K2.1(b)(5) under the "possession" prong …