When a gun was not "merely present" in connection with the crime, can the gun be used in the crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gallant, 136 F.3d 1246 (9th Cir. 1998):
The gun was not "merely present" in connection with the crime, see United States v. Myers, 112 F.3d 406, 411 (9th Cir.1997). According to his own words, Gallant employed Fonbuena's gun to enable him to complete the commission of the attempted murder by having a loaded gun in his hands as he made his escape from the scene of the crime.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Does not need an alibi charge for presence at scene of crime when there is no evidence of a crime to be proven? (MultiRegion, United States of America)
Is there any case law where the evidence of intent was excluded because of the fact that the other crime in the case was related to the same crime? (MultiRegion, United States of America)
What is the effect of a motion denying a motion by a federal district court seeking enhanced penalties for someone who uses or carries a firearm in connection with a crime of violence? (MultiRegion, United States of America)
Is the crime of uttering a forged writing a single act crime? (MultiRegion, United States of America)
Can an individual be found to have committed crimes within the meaning of international criminal law: international crimes? (Canada (Federal), Canada)
If a defendant denies committing the crime with which he is charged but asserts that if he did commit the crime he was entrapped into doing so, can he rely on these inconsistent defenses? (MultiRegion, United States of America)
Is a defendant guilty of an attempt to commit a crime if they have made a substantial step towards the commission of the crime? (MultiRegion, United States of America)
Does the time lapse between the crime and the in-court identification of a witness to the crime constitute a "somewhat negative factor" in determining that the identification is unreliable? (MultiRegion, United States of America)
