Does section 924(c)(1) of the Criminal Code apply to a defendant who uses or carries a firearm during and in relation to any crime of violence or drug trafficking crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hernandez, 80 F.3d 1253 (9th Cir. 1996):

Section 924(c)(1) requires the imposition of enhanced penalties if the defendant "during and in relation to any crime of violence or drug trafficking crime ... uses or carries a firearm...." 18 U.S.C. 924(c)(1) (emphasis added). There is sufficient evidence to support a conviction if, reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Vgeri, 51 F.3d 876, 879 (9th Cir.1995).

Other Questions


Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Does a potential defect in a drug trafficking-trafficking predicate in a criminal conviction apply to a crime of violence? (MultiRegion, United States of America)
What is the test for sustaining a conviction for "use" of a firearm under 18.C. c. section 924(c)(1) of the Federal Criminal Code? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
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)
What are the elements for the drug trafficking and possession of a firearm under section 924(c)(1) of the New York State Criminal Code? (MultiRegion, United States of America)
What is the test for violating 18 U.S.C. 924(c)(1)(A) of the Drug Trafficking Act by possessing a firearm in furtherance of a drug trafficking crime? (MultiRegion, United States of America)
Does the jury have the authority to convict a defendant of aiding and abetting a crime under section 924(c) of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.