What is the effect of the District Court's failure to provide a specific jury instruction or to pose an interrogatory as to the firearms at issue in both Counts 2 and 7 of the 924(c) crimes of conviction?

MultiRegion, United States of America

The following excerpt is from United States v. Barnes, No. 12-3320-cr (2nd Cir. 2014):

Insofar as Barnes complains of the district court's failure to give a specific jury instruction or to pose an interrogatory as to the firearms at issue in the two 924(c) crimes of conviction, his failure to request such an instruction or interrogatory limits our review to plain error, see United States v. Botti, 711 F.3d 299, 308 (2d Cir. 2013), which we do not identify in light of the multiple firearms evidence just referenced, see United States v. Washington, 861 F.2d 350, 352-53 (2d Cir. 1988).

Accordingly, we conclude that the district court correctly imposed consecutive sentences on both Counts 2 and 7.

3. Conclusion

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