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U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour)

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

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

U.S. v. Richardson, No. 94-5193 (10th Cir.) (86 F.3d 1537) (June 6, 1996) (Judge Stephanie K. Seymour) by Although the Court affirmed the conviction in this case, it held that to prove a defendant "used" a gun during and in relation to the underlying crime, it must prove that he …

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele)

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

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

Warner v. U.S., No. LR-C-96-220 (E.D.Ark.) (926 F.Supp. 1387) (May 13, 1996) (Judge Garnett Thomas Eisele) by After the defendant in this case was found guilty of certain drug crimes and of "using" a machine gun during the commission of a drug trafficking crime, the Supreme Court announced its decision …

U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl)

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

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

U.S. v. Lagasse, No. 95-2109 (1st Cir.) (87 F.3d 18) (June 25, 1996) (Judge Norman H. Stahl) by Here the Court held that the sentencing enhancement contained in § 2D1.1(b)(1) did not apply where the weapon was used to rob co-conspirators, which was not in furtherance of the drug conspiracy …

U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam)

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

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

U.S. v. Santos, No. 94-1602(L), No. 1881 (2nd Cir.) (84 F.3d 43) (May 22, 1996) (Per Curiam) by Late last year the Supreme Court issued its decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995), which held that a defendant cannot be convicted, under 18 U.S.C. § 924(c), of "using" …

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse)

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

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

U.S. v. Giraldo, No. 94-1713(L), No. 872 (2nd Cir.) (80 F.3d 667) (March 25, 1996) (Judge Amalya Lyle Kearse) by This case shows clearly the difference between a conviction under 18 U.S.C. § 924(c) and a sentence enhancement under U.S.S.G. § 2D1.1(b)(1). First, relying on the Bailey case, the court …

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell)

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

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

U.S. v. Betz, No. 95-2591 (8th Cir.) (82 F.3d 205) (April 24, 1996) (Judge Levin H. Campbell) by One of the issues raised in this case was the use of a gun enhancement under U.S.S.G. § 2D1.1(b)(1). The defendant argued that the Supreme Court's decision in Bailey v. U.S., 133 …

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl)

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

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

U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by Here the Court held that the Government had failed to show "use" of a firearm because the evidence simply demonstrated that the defendant carried six pipe bombs along with drugs in his …

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman)

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

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

U.S. v. Martin, No. 95-1425 (2nd Cir.) (78 F.3d 808) (March 11, 1996) (Judge Daniel M. Friedman) by Case held that Section 2K2.1(b)(5) does not require knowledge of the specific offense to be committed, nor does it require that it be the purchasers of the guns who commit the other …

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell)

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

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

U.S. v. Brannan, No. 95-3108 (3rd Cir.) (74 F.3d 448) (January 12, 1996) (Judge Marjorie O. Rendell) by One of the issues in this case is whether the four level enhancement provided for in § 2K2.1(b)(5) (use of possession of a firearm in connection with another felony offense) requires that …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

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

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by This multi-issue drug and gun case is cited for its holdings on two issues. In this case, the defendant was arrested in a car in which there were no drugs, but in …

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes)

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

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

U.S. v. Riascos-Suarez, No. 95-5035 (6th Cir.) (73 F.3d 616) (January 12, 1996) (Judge James L. Oakes) by Case held that a "firearm must be immediately available for use - on the defendant or within his reach." (Id., at 623).

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay)

Article • December 1, 1995

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

U.S. v. Reid, No. 94-8112 (11th Cir.) (69 F.3d 1109) (November 29, 1995) (Judge Peter T. Fay) by Case held that co-conspirator's possession of a firearm will support enhancement under USSG § 2D1.1(b)(1) for another co-conspirator if certain requirements are met. This case explores the two level enhancement contained in …

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone)

Article • August 1, 1995

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

U.S. v. Melendez, No. 93-1087, No. 530 (2nd Cir.) (60 F.3d 41) (July 10, 1995) (Judge Richard J. Cardamone) by United States v. Anderson, 59 F.3d 1323 (D.C.Cir. 1995) United States v. Melendez, 60 F.3d 41 (2nd Cir. 1995) Here are two cases dealing with 18 U.S.C. § 924(c) - …

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay)

Article • August 1, 1995

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

U.S. v. Pantelakis, No. 94-4172 (10th Cir.) (58 F.3d 567) (June 21, 1995) (Judge Monroe G. McKay) by The defendant pled guilty to one count of possessing an unregistered firearm, under 26 U.S.C. § 5861. The Presentence Report recommended that the sentence by enhanced by four levels, under U.S.S.G. § …

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman)

Article • August 1, 1995

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

U.S. v. Anderson, No. 90-3041 (D.C. Cir.) (59 F.3d 1323) (July 18, 1995) (Judge Laurence H. Silberman) by United States v. Anderson, 59 F.3d 1323 (D.C.Cir. 1995) United States v. Melendez, 60 F.3d 41 (2nd Cir. 1995) Here are two cases dealing with 18 U.S.C. § 924(c) - using or …

U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner)

Article • October 1, 1994 • from P&J October, 1999

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

U.S. v. Juan, No. Crim. 98-10233-NG (D.Mass.) (59 F.Supp.2d 210) (July 29, 1999) (Judge Nancy Gertner) by This is a significant decision that deals with the history, purposes and interpretation of U.S.S.G. § 2D1.1(b)(1), a provision that establishes a two-level sentencing enhancement if a dangerous weapon was “possessed” in connection …

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella)

Article • January 1, 1994

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

U.S. v. Thompson, No. 94-1138 (1st Cir.) (32 F.3d 1) (August 16, 1994) (Judge Juan R. Torruella) by Here the Court held that the "in connection with" language contained in USSG § 2K2.1(c)(2) should be construed broadly, but that there must exist a causal or logical relation or sequence between …

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney)

Article • January 1, 1994

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

U.S. v. Khang, No. 89-5223 (8th Cir.) (904 F.2d 1219) (May 23, 1990) (Judge Gerald W. Heaney) by In this case the Court found that the Government had stipulated that the firearm had no relationship to the drug crime; and it held that the that the burden of proving a …

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste)

Article • January 1, 1994

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

U.S. v. Corcimiglia, No. 91-2290 (1st Cir.) (967 F.2d 724) (June 26, 1992) (Judge Jose Antonio Fuste) by Although the Court did not refer specifically to language like possession "in furtherance of," or "in relation to," it held that when (1) the weapon is readily available; (2) for the protection …