Can a defendant be prosecuted for each weapon used during the commission of a drug trafficking offence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lindsay, 985 F.2d 666 (2nd Cir. 1993):

The government, however, rejects these authorities and relies instead on United States v. Freisinger, 937 F.2d 383 (8th Cir.1991), to support its plain-language reading of the statute which, the government contends, would permit multiple 924(c)(1) prosecutions. In Freisinger, the eighth circuit reasoned that "a statute which prefaces the object of the offense by the word 'a' is not ambiguous", id. at 389, and thus concluded that a defendant could be prosecuted for each weapon used during the commission of a single drug-trafficking offense. We disagree.

Other Questions


Can a defendant be convicted of possession of an assault weapon if they were convicted of the crime even though they did not know that the weapon was converted to an automatic weapon? (MultiRegion, United States of America)
Can a defendant be charged with possessing a firearm during the commission of a narcotics trafficking offence? (MultiRegion, United States of America)
Is a defendant entitled to immunity from prosecution for the same crime if charged with the same same offence but convicted of the same criminal offence once discharged? ("New York", United States of America)
Can a defendant invoke the anti-SLAPP statute against a defendant who has been found guilty of a similar offence? (MultiRegion, United States of America)
Does Section 924(c) of the Criminal Code require the prosecution to prove the drug element of the drug trafficking offence? (MultiRegion, United States of America)
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
Does a defendant have a claim that the prosecution acted improperly by offering him a less favorable plea bargain than his co-defendant? (MultiRegion, United States of America)
Can an accused who otherwise satisfies the requirements of the offence under s. 88(1) of the Criminal Code be excused from criminal liability where the possession of a weapon is necessary for defending himself? (Canada (Federal), Canada)
Does a combined sentence under Section 846 of the New York State Criminal Code apply to a defendant convicted of conspiracy to commit a drug trafficking offence? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.