What is the test for a motion to overturn a conviction of carrying a weapon under section 924(c)(1) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from U.S. v. Collins, 104 F.3d 354 (2nd Cir. 1996):

What remains of the defendant's challenge to his 924(c)(1) conviction, then, is the question of whether the Government presented the jury with sufficient evidence to convict Salaam for "carrying" a weapon. In challenging the sufficiency of the evidence, the defendant must establish that "no rational trier of fact could have found the essential elements of the crime charged beyond a reasonable doubt." See, e.g., United States v. Taylor, 92 F.3d 1313, 1333 (2d Cir.1996) (internal quotation marks and citation omitted). The defendant fails to meet this burden in the instant case.

Other Questions


When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (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 924(c)(1) of the Criminal Code of the United States violate the Double Jeopardy Clause of the US Constitution by imposing cumulative punishment on a defendant convicted of a charge of using a deadly weapon or dangerous weapon or device? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
On remand, if convicted of a charge under section 922(g)(1) of the Criminal Code, can the government seek to convict and sentence defendant Keen for only one violation of the federal code of conduct? (MultiRegion, United States of America)
Is there sufficient evidence to support a conviction under 18 U.S.C. c. section 924(c) of the Criminal Code for possession of a handgun? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.