18 USCS 924
Engaging in continuing criminal enterprise, in violation of 21 USCS 848, and conspiracy to distribute
narcotics and possession with intent to distribute, in violation of 21 USCS 841, and 846, are not crimes of
violence within meaning of 18 USCS 16(b), and consequently defendants' convictions under 18 USCS
924(c), which prohibits use of firearm during commission of crime of violence, must be vacated. United
States v Cruz (1986, CA11 Ga) 805 F.2d 1464, 22 Fed Rules Evid Serv 283, cert den (1987) 481 US
1006, 95 L Ed 2d 204, 107 S Ct 1631 and cert den (1987) 482 US 930, 96 L Ed 2d 702, 107 S Ct 3215
Defendant convicted of possession with intent to distribute cocaine under 21 USCS 841(a)(1) and with
use of firearm during commission of drug offense under 18 USCS 924(c) may not be subjected to
enhancement of sentence for drug offense because defendant possessed more than one firearm. United
States v Henderson (1996, CA11 Ga) 75 F.3d 614
In sentencing for possession with intent to distribute cocaine base in violation of 21 USCS 841, district
court was not barred from imposing 2-level enhancement of defendant's sentence under USSG
2D1.1(b)(1) for possession of firearm by circumstance that court previously had sentenced defendant to
later vacated 5-year sentence for using and carrying firearm during and in relation to drug trafficking crime
in violation of 18 USCS 924(c)(1). United States v Goggins (1996, CA3 Pa) 99 F.3d 116, cert den (1997)
520 US 1161, 137 L Ed 2d 504, 117 S Ct 1347
In prosecution under 21 USCS 841 and 846, once district court vacated sentence under 18 USCS
924(c), or resentencing, district court could enhance defendant's sentence under 841 for use of firearm.
United States v Harrison (1997, CA8 Mo) 113 F.3d 135, reh, en banc, den (1997, CA8) 1997 US App
LEXIS 16499
Double Jeopardy Clause was not implicated where, after reversal of conviction under 18 USCS 924,
defendant's sentence under 21 USCS 841 was enhanced for use of firearm, since defendant, by
challenging original conviction, could have no expectation of finality in original sentence. United States v
Rodriguez (1997, CA5 La) 114 F.3d 46
Where firearms conviction under 18 USCS 924(c) was reversed on collateral review, district court did
not violate Double Jeopardy Clause by enhancing defendant's sentence on remaining counts under 21
USCS 841 for use of firearm. United States v Smith (1997, CA4 NC) 115 F.3d 241, cert den (1997) 522
US 922, 139 L Ed 2d 244, 118 S Ct 315
District court did not err in refusing to re-sentence defendant for underlying drug conviction under 21
USCS 841 after vacating defendant's conviction under 18 USCS 924(c) for carrying and using firearms
during drug trafficking crime, where district court, having found that re-sentencing was neither "required
nor appropriate," simply declined to exercise its discretionary authority to re-sentence. United States v
Pearce (1998, CA10 NM) 146 F.3d 771, 1998 Colo J C A R 2524, 1998 Colo J C A R 2526
Where district court had originally crafted package sentence for defendant's violations of 21 USCS
841 and 846 and of 18 USCS 922 and 924 and defendant had subsequently successfully moved to
vacate conviction and sentence for 924(c) offense, district court had jurisdiction to re-sentence defendant
on all counts, because sentence package had become "unbundled"; since interdependence of drug and
firearms offenses and sentencing package doctrine provided district court with jurisdiction to re-sentence
defendant following his successful collateral attack on 924(c) offense, availability of enhancement under
USSG 2D1.1(b)(1) was not necessary to court's jurisdiction to re-sentence on unchallenged counts.
United States v Watkins (1998, CA11 Fla) 147 F.3d 1294, 11 FLW Fed C 1633
Charge of possession with intent to distribute cocaine in violation of 21 USCS 841 was properly joined
with charges of being felon in possession of firearm, in violation of 18 USCS 922(g) and 924(c), using
false Social Security numbers, in violation of 42 USCS 408(a)(7), and causing filing of false currency
transaction reports, in violation of 31 USCS 5313 and 5324, since there was sufficient connection among
charges. United States v Boyd (1999, CA8 Mo) 180 F.3d 967
Defendant's mandatory minimum 10-year sentence, imposed under 18 USCS 924(c)(1)(A)(iii) through
judicial factfinding where Government established by preponderance of evidence defendant discharged
shotgun during course of drug trafficking in violation of 21 USCS 841(a)(1), did not violate US Const Amd
VI pursuant to Harris, which was not overruled by Booker. United States v Dare (2005, CA9 Mont) 425
F.3d 634
Evidence was sufficient to sustain defendant's conviction for violation of 18 USCS 924(c)(1)(A)
because there was ample evidence that defendant possessed heroin with intent to distribute it, which is
drug trafficking crime pursuant to 21 USCS 841(a)(1); and there was ample evidence that he actively
employed firearms by making them operative factor in that crime, by bartering heroin for guns, and that
he did so during and in relation to that crime. United States v Cotto (2006, CA1 Mass) 456 F.3d 25
At defendant's trial for using firearm during and in relation to conspiracy to distribute cocaine in
violation of 18 USCS 924(c)(1)(A), jury was erroneously instructed that conspiracy to distribute cocaine
existed if defendant agreed to accept drugs in payment for murder; instruction violated due process
because it foreclosed jury's consideration of whether government had established one of elements of
drug conspiracy under 21 USCS 846 and 841(a)(1)-existence of unity of purpose; such error was not
harmless given that evidence of defendant's participation in cocaine distribution conspiracy was far from
overwhelming. United States v Korey (2007, CA3 Pa) 472 F.3d 89
Where defendant's conviction for using and carrying firearms during and in relation to drug trafficking,
in violation of 18 USCS 924(c), was reversed on appeal, case would be remanded for re-sentencing on
convictions for conspiracy to distribute and to possess with intent to distribute crack cocaine, in violation
of 21 USCS 846, and possessing crack cocaine with intent to distribute, in violation of 21 USCS 841, in
order to allow trial court to consider upward adjustment of sentence pursuant to USSG 2D1.1(b)(1) for
possession of dangerous weapon in connection with drug trafficking offense. United States v Morrison
(1996, App DC) 321 US App DC 170, 98 F.3d 619, 45 Fed Rules Evid Serv 1114, cert den (1997) 520 US
1131, 137 L Ed 2d 355, 117 S Ct 1279, reh den (1997) 520 US 1194, 137 L Ed 2d 697, 117 S Ct 1487
Possession with intent to distribute narcotics is not crime of violence for purposes of 18 USCS 924(c).
United States v Bushey (1985, DC Vt) 617 F Supp 292
Defendant, who pleaded guilty to possession of crack cocaine and powder cocaine with intent to
distribute, was properly sentenced to mandatory 10-year minimum term under 21 USCS 841(b)(1)(B)
because his prior conviction by guilty plea for possession of firearm during and in relation to drug
trafficking crime under 18 USCS 924(c)(1)(A) was conviction for offense that prohibited or restricted
conduct relating to narcotic drugs since it was relationship between gun and drug trafficking that
criminalized use or possession of firearm under 924(c)(1). United States v Nelson (2006, ED Va) 417 F
Supp 2d 773