What is the test for determining whether a firearm was present at the scene of a crime but not present?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gregory, 933 F.2d 1016 (9th Cir. 1991):
Here, the rifle was found in the defendant's bedroom. The rifle was loaded. The district court's upward adjustment was not clearly erroneous. See id.; see also United States v. Stewart, 926 F.2d 899, 901 (9th Cir.1991) ("the key is whether the gun was possessed during the course of criminal conduct, not whether it was 'present' at the site") (emphasis added).
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