Can a firearm be used as a weapon during the commission of an aggravated assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Fleming, 111 F.3d 139 (9th Cir. 1997):
An enhancement under this section may be applied if a weapon is present during the commission of the offense unless it is clearly improbable that the weapon was connected with the offense. United States v. Kyllo, 37 F.3d 526, 531 (9th Cir.1994).
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