AND · 18usc924:penalty.brandish
Exact element source
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; andSource:
docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [4892:4995] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.(4) For purposes of this subsection, the term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.Source:
docroot/ir/usc/title18.jsonl#title18_sec924; Unicode character offsets [7048:7354] (end exclusive); SHA-256 899fad466e76614e7f7b0bb794089010ef0af034312bcd194c76394228dbfdc4.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; provisional (1 case) | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Dean v. United States — 556 U.S. 568 (2009) · Supreme Court of the United States · 2009 — not reached · basis not recorded (18usc924: author: Fable · not independently reviewed) · rule-announced/merits · not counted |
| _whole accepted; provisional (1 case) | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Seven-year brandishing minimum | satisfied Counted merits instance applied / merits basis: proved; claim: (c)(1)(A)(ii); party: JT Myore; count: 18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting); subject: party=JT Myore; count=18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting) Sufficiency upheld. The only brandishing evidence was the victim's testimony, which the district court called "wishy washy"; the court treats the inconsistency as a credibility question for the jury. | two men approach a blocked-in car with guns out demanding it; victim's account inconsistent until refreshed with his police statement | Section 924(c)(1)(A)(ii) provides that, unless a greater minimum sentence is otherwise provided, “any person who, during and in relation to any crime of violence or drug trafficking crime . . . uses or carries a firearm, or who . . . possesses a firearm,” shall be subject to an additional sentence of not less than seven years if the firearm is brandished.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [10965:11322] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.However, after having his recollection refreshed with his signed written statement to police that day, Swallow testified that both men had guns out as they approached the Ford Freestyle demanding that Swallow give them the car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [4836:5063] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.He testified he did not see Myore with a gun and thought he only “might have” or “probably” had one.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [4735:4835] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.Swallow also testified that he had previously seen Myore possessing a gun similar to one of the guns he saw that day.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [5064:5181] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.In this case, a reasonable jury could find, based on Swallow’s testimony, that Myore and Running Shield brandished guns to force Swallow to surrender the vehicle and then fired shots before driving off in the stolen vehicle.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [12434:12658] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e. |
| Dean v. United States — 556 U.S. 568 (2009) · Supreme Court of the United States · 2009 — not reached (18usc924: author: Fable · not independently reviewed) | Seven-year brandishing minimum | not_reached Excluded from merits counts rule-announced / merits claim: (c)(1)(A)(iii) Structural contrast only: brandishing carries an intent requirement through the (c)(4) definition ("in order to intimidate"); discharge has none. Whether Dean brandished was not in issue. | Unspecified route | The defendant must have intended to brandish the firearm, because the brandishing must have been done for a specific purpose.Source: docroot/ir/caselaw/us_556.jsonl#/us/556/0568-01; Unicode character offsets [5559:5684] (end exclusive); SHA-256 8dcdaa28023fec01d4ddfa8fcffe04c5ce5ef1a2e833faa40777b9e858bdfb6b. |