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Univ. of San Diego School of Law

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Thursday, December 9, 2004

Breaking Case News: Leader of Conspiracy Guilty of "Carrying" Firearm Even Though Firearm Was Located in the Car of Co-Conspirator

Tenth_circuit_1In U.S. v. Lindsey, decided December 2, the Tenth Circuit held that the leader of a drug trafficking conspiracy could be convicted of '"carrying" a firearm in violation of 18 U.S.C. 924(c), even though the firearm was found not in the car defendant was driving, but in the car of a co-conspirator.  In so holding, the court expanded the Supreme Court's decision in Muscarello v. United States, 524 U.S. 125 (1998), which held that a gun found in the glove compartment or trunk of a car in which the defendant was an actual occupant could provide a basis for convicting under Section 924(c).  [Mark Godsey]

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Tracked on Dec 9, 2004 12:58:47 PM

Comments

The "conservative" call for "strict construction" of statutes and against "judicial activism" and "legislation from the bench", I guess, only counts when monied interests are involved.

Posted by: Aaron | Dec 9, 2004 8:07:28 AM

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