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

The following excerpt is from U.S. v. LaFromboise, 105 F.3d 512 (9th Cir. 1997):

The elements for the two offenses are distinct. Section 924(c)(1) requires proof that LaFromboise used or carried the firearm during a drug trafficking crime. Section 5861(d) requires proof that LaFromboise possessed a firearm, specially defined by section 5845, that was not registered to him. Cf. Mathews, 36 F.3d at 823; United States v. Martinez, 49 F.3d 1398, 1403 (9th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 749, 133 L.Ed.2d 696 (1996). The consecutive sentences, therefore, do not violate the double jeopardy clause.

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